You have probably already noticed it – you visit a website and a popup message appears about the site’s use of cookies. Some websites have it. Others don’t. Why is this? In this article we discuss cookie consent banners and privacy policies, how to determine whether or not your website needs them, and what’s really involved.
What is a cookie?
When someone visits a website that uses cookies, a small file of data is sent from the website to the site visitor’s browser where the file (cookie) is stored for some period of time. When that user returns to the site another time, the cookies “remember” their actions and preferences. These “memories” can include what the user looked at the last time they visited the site, as well as things like which items were previously placed in a shopping cart on an online store, and other actions.
Some website owners wrongly assume that if their site does not have ecommerce, then the site doesn’t use cookies. However, many third party services from companies, such as Google, and social media platforms use cookies by default, as do many other features. At a minimum, if your site uses cookies, it should have both a consent banner and a privacy policy.
Cookies and privacy
Privacy laws are increasingly requiring companies to obtain consent before collecting, using, transmitting or selling personal information. Some of these laws include the California Privacy Rights Act (CPRA), General Data Protection Regulation (GDPR), and the ePrivacy Directive. Because of this, many websites have adopted cookie banners and popups that give users the ability to control cookie placement.
What is a cookie consent banner?
A cookie consent banner is a notice displayed when a visitor first lands on a website to inform them about the site’s specific data collection practices. This banner usually includes a link to the site’s privacy policy that specifies how the website collects and processes personal data.
Does my website need a cookies consent banner or a privacy policy?
If your site uses cookies to process data or track customers then you need a cookie consent banner. Also, even if you don’t collect any data, your site should still have a privacy policy in place.
We recommend this for a number of reasons.
- The general public will want to see that you have one.
- Global authorities responsible for enforcing privacy laws want to see it.
- Clear, transparent compliance can help build trust and encourage long-term relationship development with your users and customers.
But I don’t like consent banners!
People have said to us, “As soon as I see one of those cookie popups, I leave the site and go somewhere else.” But the truth is, just because a website doesn’t have a consent banner doesn’t mean it is free of cookies. Plenty of websites use cookies and don’t have a popup.
Why we recommend using consent banners and privacy policies to all our web clients
We are not lawyers, so we cannot offer any legal advice. But from the way we interpret the rules, a properly working consent banner and detailed privacy policy are good things for every website to have. Learn more about our website design and development services by visiting our web services page.