⚖️ Legal Requirements by Jurisdiction
🇪🇺 GDPR Cookie Requirements
The GDPR has fundamentally changed how websites must handle cookies, requiring explicit consent for most non-essential cookies and imposing strict requirements on cookie banners and consent mechanisms.
Key GDPR Cookie Principles:
Prior Consent
Must obtain consent before placing non-essential cookies
Specific Consent
Consent must be specific to each cookie purpose
Informed Consent
Users must understand what they're consenting to
Freely Given
Consent cannot be forced or bundled with service access
Withdrawable
Users must be able to withdraw consent easily
Granular Control
Users should be able to consent to some cookies but not others
✅ GDPR-Compliant Cookie Banner Example
We use cookies to improve your experience
We use essential cookies to make our site work. We'd also like to set optional cookies to help us improve our website and analyze how it's used.
❌ Non-Compliant Cookie Banner Example
This site uses cookies
By continuing to use this site, you agree to our use of cookies.
⚙️ Consent Management
🇺🇸 US Privacy Laws and Cookies
While US privacy laws like CCPA and CPRA are generally less prescriptive about cookies than GDPR, they still impose important requirements around disclosure, opt-out rights, and the sale of personal information.
CCPA/CPRA Cookie Requirements:
Disclosure
Must disclose cookie usage in privacy policies
Sale Opt-Out
Must provide opt-out for cookies that "sell" personal information
Sensitive Data
Enhanced protections for sensitive personal information collected via cookies
Third-Party Sharing
Must disclose sharing of cookie data with third parties
📝 Key Difference: GDPR vs US Laws
GDPR requires opt-in consent before placing most cookies, while US laws generally allow an opt-out approach where cookies can be placed initially but users must be given the ability to opt out.
🛠️ Cookie Compliance Expertise
With over 15 years of privacy consulting experience, BD Emerson helps businesses implement robust cookie compliance strategies that satisfy regulators while maintaining user experience and business objectives.
Cookie Audits
Comprehensive analysis of your website's cookie usage and compliance gaps
Compliance Strategy
Tailored cookie compliance roadmaps for your target markets and business model
Technical Implementation
Guidance on selecting and implementing cookie consent management platforms
Policy Development
Creation of comprehensive cookie policies and privacy notices
Staff Training
Education for your team on cookie compliance requirements and best practices
Multi-Jurisdiction Support
Expert guidance for cookie compliance across UK/EU, US, and global markets
💡 Compliance Tips & Resources
Best Practices
Regular Cookie Audits
Conduct quarterly reviews of all cookies on your website
Clear Cookie Policies
Maintain detailed, up-to-date cookie policies in plain language
Consent Management
Implement robust consent management platforms
Documentation
Keep detailed records of consent and cookie usage
Need Help with Cookie Compliance?
Don't navigate cookie compliance alone. Our experts can help you build a comprehensive strategy that protects your users and your business.