Cookies

The term “cookie” in web technology is not an acronym. It comes from the term “magic cookie”, a concept in computing that refers to a data packet passed between programs, used to identify or authenticate users.

In the context of web browsers, cookies were designed as small data files stored on a user’s device to remember information, like login details or shopping cart contents, enhancing user experience on websites.

In the United States, cookie policies are regulated primarily through privacy laws like the California Consumer Privacy Act (CCPA) and other state-level regulations rather than a federal law like the General Data Protection Regulation (GDPR) in the EU. However in the United States, there are still best practices and legal considerations that websites should follow:

Key Rules for Cookie Policies on U.S. Websites

Disclosure Requirement – Websites that collect personal data via cookies must disclose their use in a Privacy Policy or a dedicated Cookie Policy. The policy should specify:

1. • What types of cookies are used
     (e.g., essential, analytics, marketing).
   • What data do they collect.
   • How users can control or opt out of cookies.

CCPA Compliance
(Applies to businesses meeting certain thresholds)

1. • If a website collects personal information through cookies, it must inform users in a privacy policy.
   • Users must be provided a “Do Not Sell My Personal Information” link if third-party tracking cookies are used.
   • Users have the right to opt out of the sale of their personal data.
   • California residents can request to know, delete, or opt out of data collection.

Other State Laws
(Virginia, Colorado, Connecticut, Utah)

1. • Some states have passed privacy laws similar to CCPA, requiring transparency in cookie tracking.
   • These laws generally follow the same principles but may have additional requirements for opt-in or opt-out.

Opt-In vs. Opt-Out

1. • Unlike the EU’s GDPR, which requires explicit opt-in for non-essential cookies, U.S. laws typically rely on an opt-out model.
   • This means cookies can be used by default, but users must be able to opt out of tracking.

Children’s Privacy (COPPA) Compliance

1. • If a website is directed at children under 13, it must obtain parental consent before collecting data through cookies.

Best Practices for Cookie Banners

1. • While not mandatory, it is best practice to provide a cookie banner with:
     • A brief notice about cookie use.
     • A link to a more detailed Cookie Policy.
     • An option to manage preferences or opt-out.

Should You Have a Cookie Policy?

• If your website uses third-party tracking (e.g., Google Analytics, Facebook Pixel, advertising cookies), it is strongly recommended to have a cookie policy posted on your website.
• Even if not required, a transparent policy builds trust with users.

In the U.S., you typically DO NOT NEED an opt-in for analytics cookies, as long as they do not collect personally identifiable information (PII) or track users for targeted advertising.

When Would You Need an Opt-in?

• If you use tracking cookies for targeted advertising.
• If analytics data is combined with personal data (e.g., email, IP addresses for profiling).
• If your website is accessed by European users, as GDPR applies.

If you are in the U.S. and only cookies are for analytics, you’re good.

If you have any questions, please feel free to Contact us