Cookies

Website Cookies are small data files that store user information, such as login details, browsing preferences, or shopping cart items. The concept comes from “magic cookies,” which in computing describe small data packets that identify or authenticate users. Today, Website Cookies drive how modern websites work, and they also create legal and privacy obligations for businesses.

Key Rules for Cookie Policies on U.S. Websites

In the United States, Website Cookies fall under state-level privacy laws, such as the California Consumer Privacy Act (CCPA). Unlike the GDPR in Europe, the U.S. does not have a single federal cookie law. As a result, businesses need to review multiple regulations and follow best practices to remain compliant.

Disclosure Requirements

Websites that use cookies to collect personal data must explain their practices clearly. Therefore, your Privacy Policy or Cookie Policy should:

• Identify what types of cookies are used (essential, analytics, or marketing)

• Explain what data they collect

• Provide details on how users can control or opt out of cookies

The Federal Trade Commission offers helpful guidance on privacy disclosures.

CCPA Compliance

If your business meets CCPA thresholds and collects personal data through Website Cookies, you must take several steps. First, inform users in your privacy policy. Next, add a “Do Not Sell My Personal Information” link if you use third-party tracking cookies. Finally, give California residents the ability to know, delete, or opt out of data collection.

Other State Laws

Other states, such as Virginia, Colorado, Connecticut, and Utah, also enforce privacy laws that apply to cookies. In addition, these laws often mirror the CCPA but sometimes require extra opt-out or consent measures.

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Opt-In vs. Opt-Out Models

The U.S. relies mainly on an opt-out model. In other words, cookies can run by default, and users must choose to disable them. By contrast, the EU’s GDPR requires websites to collect explicit opt-in consent before placing non-essential cookies. You can explore the differences in detail at GDPR.eu.

Children’s Privacy (COPPA)

Websites that target children under 13 must comply with the Children’s Online Privacy Protection Act (COPPA). This law requires businesses to obtain parental consent before collecting data through Website Cookies. As a result, children’s websites need extra safeguards.

Best Practices for Cookie Banners

Adding a cookie banner creates transparency and helps build trust. While the law does not always require banners, they remain a recommended best practice. A cookie banner should include:

• A short notice about cookie use

• A link to your full Cookie Policy

• Options to manage preferences or opt out

For design ideas and examples, see the IAPP cookie banner guide.

Should You Have a Cookie Policy?

If your site uses Google Analytics, Facebook Pixel, or other third-party tracking cookies, then you should publish a Cookie Policy. Even if you do not need one legally, transparency improves trust and shows professionalism.

• Most U.S. sites that only use basic analytics cookies do not require an opt-in.

• However, opt-in becomes necessary if you:

  • Use cookies for targeted advertising

  • Combine analytics data with personal information, such as IP addresses or emails

  • Serve visitors from Europe, where the GDPR applies

Website Cookies help websites run smoothly and enhance user experience. At the same time, businesses must follow privacy rules to protect visitors. By disclosing your practices, complying with state laws, and offering cookie banners, you can remain compliant and strengthen trust with your audience.

If you have any questions about Website Cookies or cookie policies, contact us today.