Cookie compliance refers to adhering to the emerging laws and regulations governing the use of cookies and similar tracking technologies on websites. These laws aim to protect user privacy and give individuals control over their personal data. Navigating the complex landscape of online cookie compliance, whether pertaining to cookie banners and consent, as well as more nuanced points such as choice architecture, can be overwhelming. As a law firm focused on laws concerning privacy, marketing, e-commerce, and targeted advertising, we provide comprehensive legal services to ensure your website or other digital platform meets all relevant cookie consent requirements across various jurisdictions.
Understanding Cookie Compliance
Laws concerning cookies are varied and dynamic, with new regulatory guidance coming out regularly and new laws being passed with dizzying frequency. The relevance of particular laws will depend on the kind of business at play as well as other details, such as the jurisdictions where products or services are offered.
Key Laws and Regulations
European Union and United Kingdom: GDPR
The General Data Protection Regulation (GDPR) sets strict requirements for cookie consent in the EU and its respective version in the UK:
- Explicit Consent: Websites must obtain clear, affirmative consent before setting non-essential cookies.
- Granular Control: Users must be able to accept or reject specific categories of cookies.
- Easy Withdrawal: Consent must be as easy to withdraw as it is to give.
- No Pre-Ticked Boxes: Consent must be actively given, not assumed.
United States: CCPA/CPRA and Numerous Other State Privacy Laws
The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) were the first movers, and now several other states with comprehensive state privacy laws, such as Colorado’s Privacy Act (CPA), generally take an opt-out approach for cookies that contrasts to the general opt-in approach required in GDPR jurisdictions:
- Opt-Out Model: Explicit consent is not required for most cookies, though certain kinds of processing, such as where sensitive personal information is involved, may require consent.
- Notice Requirement: Websites must inform users about cookie usage and data collection.
- Right to Opt-Out: Users must have the ability to opt-out of the sale or sharing of their personal information.
- Special Rules for Minors: Opt-in consent is required for users under a certain age.
Other Relevant Laws and Considerations
There are numerous other relevant laws that come into play in the context of cookies, including the following:
- ePrivacy Directive (EU): Complements GDPR with specific rules on electronic communications.
- LGPD (Brazil): Similar to GDPR, requires consent for cookies.
- PIPEDA (Canada): Emphasizes transparency and user choice in data collection.
- Privacy Rights Compliance: Cookie consent plays an instrumental role in the overall operationalizing of compliance with privacy rights compliance.
- Private Actions: Cookie consent can help mitigate risk from private actions based on a variety of legal theories, such as California’s Invasion of Privacy Act (CIPA), among other laws that are being used as a basis for “litigious” complaints.
Our Services
Cookie Audit and Assessment
We conduct thorough audits of your website’s cookie usage to identify compliance gaps and potential risks.
Customized Compliance Strategies
Our team develops tailored strategies to ensure your cookie practices align with relevant laws in your target markets.
Cookie Policy Development
We craft clear, comprehensive cookie policies that explain your data collection practices to users in conjunction with privacy policies and terms and conditions.
Consent Management Solutions
We advise on and help implement appropriate consent management platforms to meet legal requirements, such as via OneTrust, among other vendors.
Ongoing Compliance Monitoring
Our team stays up-to-date with evolving regulations to keep your cookie practices compliant.
Why Choose RICHT?
- Privacy Law Focus: We focus on data privacy and cookie compliance laws.
- Global Perspective: We understand requirements across multiple jurisdictions.
- Practical Solutions: We balance legal compliance with business needs.
- Ongoing Support: We provide continuous guidance as laws and your business evolve.
Cookie compliance is not just about avoiding regulatory enforcement action – it’s about building trust with your users and protecting their privacy. Let us help you navigate this complex landscape and turn compliance into a competitive advantage.
