The Truth About Cookie Notifications on Websites

The short answer is:
YES, there are certainly instances where implementing things are necessary—for example, a website for a law firm needs to include a statement that the website is “Attorney Advertising”. 

That being said, there is confusion with other elements.

One of the other questions that comes up regularly deals with cookie notifications—that annoying little notice that pops up on an increasing number of websites where you are prompted to Accept Cookies (or to pick *which* cookies) in order to proceed with surfing the site (or to have the notice stuck there the whole time). It’s on par with pop-up windows asking to sign up for a newsletter, or announcing a sale, etc.…

So we frequently get asked: “Does my website use cookies?” followed by “Do we need to have a notice on the website?”

Fortunately, we are able to shine some light on what you do (and do not) need to do with this on your website.

As of the time of this article being written, websites in the United States that service United States clients do NOT need to have a cookie acceptance option presented. Although there is some legislation happening in specific states—ex. The California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (CDPA)—that are starting to address whether websites that serve their respective residents need to start presenting cookie notifications.

Oftentimes, we suggest simply having a boilerplate Legal Information or Privacy Notice page on your site – wherein you can have pertinent information about what your site does with cookies, information submitted to forms, etc.

In what instances DO you need to have the cookie notification functionality?

• If your website is servicing users in the European Union (EU). In this case, you are required to comply with the General Data Protection Regulation (GDPR), which mandates informed user consent for non-essential cookies.
• If your website uses cookies for tracking and profiling of users for marketing or advertising purposes.
• If your website processes sensitive information or deals with specific industries (e.g. healthcare, finance) that have additional data protection requirements. A cookie notification will help demonstrate compliance.

Remember, it's crucial to stay up-to-date with the ever-evolving privacy regulations—and to adjust your cookie notification practices accordingly. 

We are always happy to help create a Legal / Privacy Notice page for your website, and to provide guidance on what the content of the page should include. However, we are not attorneys, so always be sure to consult with your legal counsel before implementing any legal language on your website.  

And, of course, if you have any questions or would like us to provide assistance, please do not hesitate to contact us.