Cookie Policies and Cookie Consent Banners

You've seen them all over; do you need one?

Cookies are little snippets of code that get inserted into the user’s browser and device when visiting a website. They can help ensure a website properly functions (aka essential and functional cookies). They can also track website visitors for analytics and advertising purposes (aka marketing cookies).  Several privacy laws require users to provide consent prior to implementing non-essential cookies on their browsers. This is commonly done through a cookie consent banner, which will ask your website visitors to choose their consent settings. It is important to identify what privacy laws apply to you, and determine if you are required to provide a cookie consent solution on your website along with a Cookie Policy further describing the purpose of each cookie.

Failure to capture consent for non-essential cookies or third party tracking technologies can result in significant fines or even lawsuits. Starting in 2024, for example, there has been a significant increase in lawsuits against US-based website owners (both small and large businesses and nonprofits) for non-compliance with CIPA (a law requiring consent from California visitors prior to tracking them with third party technologies which are embedded into a website). A comprehensive cookie consent solution helps website owners comply with these laws, helping them respect the rights of their website visitors, while also reducing the chances of lawsuits and non-compliance penalties.