If your website uses cookies, you are likely required by law to have a cookie policy, especially if you’re dealing with users from regions with strict privacy regulations. Here’s a look at some of the major laws that govern cookie usage and where they apply.
1. UK and EU – GDPR and the ePrivacy Directive (Cookie Law)
In the UK and across Europe, cookies are regulated under two key laws: the General Data Protection Regulation (GDPR) and the ePrivacy Directive (also known as the “Cookie Law”).
- GDPR: This law governs the processing of personal data in the EU and UK. It requires websites to obtain explicit consent before using cookies that collect personal data, like IP addresses or browsing history. Consent must be freely given, informed, and specific, meaning users must actively choose to accept cookies.
- ePrivacy Directive: This law specifically deals with the use of cookies and similar tracking technologies. It requires that websites inform users about the cookies they are using and obtain consent before non-essential cookies are placed on the user’s device. Essential cookies (those strictly necessary for the website to function) don’t require consent, but users should still be made aware of them.
Bottom line: If you have visitors from the UK or EU, you are legally required to have a cookie policy that details your cookie usage, and you must obtain consent before using non-essential cookies.
2. United States – CCPA and CPRA
In the US, privacy laws related to cookies are still evolving. The most significant regulations come from California, through the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).
- CCPA: This law requires businesses to disclose what data they collect, including cookies, and allows California residents to opt out of having their data sold or shared. While it doesn’t mandate consent for all cookies, it does require transparency and the option to opt out of the sale of data collected by cookies.
- CPRA: This law builds on the CCPA, strengthening consumer rights over personal data, including cookies. Websites must disclose how they collect and use personal information, and users must be given the option to refuse data collection.
In short, if you operate in or target California, you’ll need a cookie policy to explain your use of cookies and provide users with the option to opt out of the data collection and sharing that cookies enable.
3. Other Regions
Many other countries have privacy laws that indirectly regulate cookies. Canada’s PIPEDA, Australia’s Privacy Act, and Brazil’s LGPD all require transparency about data collection practices. Although cookies may not be specifically mentioned, the collection of personal data through cookies means that having a cookie policy is still advisable.
