If you have searched the internet at all lately you probably noticed the cookie consent banner that asks you to agree to the cookies being placed on your device. It is mandatory by law in California and the EU, to obtain consent for placing cookies on a user’s device for privacy matters. But what does all of this mean? Let me break it down for you and keep it as simple as possible.

What are cookies?

Not to be confused with chocolate chip, peanut butter, or snickerdoodles, website cookies are text files that are stored in the users’ browser. They are built for web browsers to personalize, track, and save information about a user’s time on their website. When a user returns to a website later, the browser restores the data to the web in the form of a cookie. For instance, without cookies, you would have to rebuild your shopping cart if you accidentally closed it. With cookies, you don’t have to log in again after leaving a site.

Why are cookies regulated?

While some cookies are used for the benefit of the user and the protection of the website, others can be rather intrusive. These cookies will track your time on a website for the purpose of sending you advertisements and marketing messages. That same data will be used to show you ads on Facebook. There have been many privacy laws passed by regulators requiring certain sites to obtain consent from the user for placing cookies on their device that wasn’t necessary for the adequate function of the website.

Which cookies require consent?

• First-party cookies used for tracking
• Direct marketing cookies
• Persistent Cookies that compile a profile of the user’s preferences, habits, and interests.
• Cookies that track a users’ behavior across many websites.
• Socially shared content
• Third-party cookies

First-party cookies and third-party cookies

First-party cookies are stored by the website the user is on. Fortunately, they cannot track you on any other website. Their purpose is to provide a better and faster experience by storing your log-in information, items in your cart as well as website preferences.

Third-party cookies come from third-party websites that the user has not visited. Their purpose is to target you with advertisements and follow you from site to site.

Session cookies

Session cookies are only used when the user is on that website and when the session ends, the cookies are automatically deleted. They are never written to the hard drive.

Persistent cookies

Persistent cookies have two purposes:

1. Authentication – Persistent cookies streamline login information, such as passwords, and track what name a user is going by and whether or not they are logged in.
2. Tracking – These cookies are used to build a profile of the users browsing history on their website. They track every visit to the same site including pages and products viewed. With that information, they are able to target the user with items that might interest them.

Persistent cookies stay on a computer unless the user removes them.

What is the California Cookie Law?

The California Consumer Privacy Act (CCPA) regulates how you used cookies to access and gather a users’ personal information. It is one of the strictest laws that control website cookies in the U.S.

The CCPA assures Californians these rights:

1. The right to know what information companies are collecting about them
2. To know if companies are disclosing their information or selling it and to whom
3. The ability to opt-out or say “no” to the sale of their personal info (or opt-in if between 13 and 16 years old)
4. To know equal price and service regardless of what they choose
5. The right to access and delete personal information

How to add a cookie consent banner to a website?

There are many different online options for a cookie consent banner but a very simple and free option is with CookieYes.

CookieYes is a consent management platform for administering cookie consent on your site. You can sign up for free, copy the unique code, and paste it into your site’s HTML. It’s as simple as that!

How long does cookie consent last?

CCPA allows websites one year to store cookies until they have to ask for consent again. However, in the EU, some countries must ask for consent again after 6 months.

2022 Website laws

2022 ushered in two new laws for websites. The Cookie Consent Law and ADA requirements have changed. Click here to read more about the ADA compliance laws.