Cookies are small text files that websites place and store on the computers and mobile devices of their users. These files are generally used to improve the user experience, but may contain personal information about the user or their behavior on the website.
Are You Legally Required to Have a Cookies Policy?
Cookie policies are required in both the US and the EU.
Laws based in the EU apply to all businesses that target or have EU consumers.
This means that US businesses with direct or potential EU customers need an informative cookie policy that also meets the transparency and consent requirements of the GDPR and the Cookie Law.
This added precaution regarding transparency and consent is an excellent way to stay ahead of impending changes in state, federal, and international laws.
US Requirements
If you have existing or potential consumers in California, you might need to comply with the California Consumer Privacy Act (CCPA). This broad state privacy law requires that you present a cookies policy that explains the cookies you collect and store and how you or third parties may use them.
EU Requirements
The rise in the number of cookie policy alerts was primarily the result of having to comply with two different regulations in Europe: the General Data Protection Regulation (GDPR), a sweeping data privacy law enacted in the EU in 2018, and the European Cookie Directive, otherwise known as either the EU Cookie Law or the ePrivacy Directive — first passed in 2002 and updated in 2009.
Inform Users What Cookies Are
It’s important to outline details in your cookie policy using clear writing that your users can readily understand.
Explaining what cookies are is an essential step in your cookie policy. For example, you can state that cookies are bits of information that typically contain a distinct ID for each user and a site name.
You should further explain that cookies enable websites to retrieve this information when users revisit them to tailor the page content for each user based on data related to prior browsing experiences, habits, and preferences.