As a general strategy, our suggestion is to use a Consent Management Platform (CMP). A CMP is basically a cookie bar and has much additional functionality. A CMP will automate many of the items required to stay in compliance. It’s great to offload the work of tracking all the changes to cookie laws and what has to be done to stay compliant. If you’re going to use a CMP and also use Google products, it’s a good idea to pick one of Google’s CMP partners.
Even when you use a CMP, there’s plenty of work left for you. Ready? Let’s dive in!
1. Scan and Categorize Your Cookies
First things first: you need to know what cookies your website is using. Think of it as taking inventory. You wouldn’t run a bakery without knowing what ingredients you have on hand, right? The same goes for your website—before you can manage cookies, you need to know what you’re working with.
What You Should Do:
- Use a Consent Management Platform (CMP) to scan your site and identify all the cookies in use.
- Once you have the list, review and verify that each cookie is correctly categorized. Most CMPs try to automatically categorize cookies into types like essential, analytics, and advertising, but the categories are often incorrect or incomplete. Reviewing and adjusting the cookie categorization manually will ensure that your cookie policies and banner are accurate and up-to-date.
Why It Matters:
Knowing your cookies inside and out is the foundation of cookie compliance. Without this step, it’s impossible to create accurate policies or manage user consent effectively.
2. Create a Privacy Policy Page
Your privacy policy is the backbone of your website’s commitment to data protection. It’s where you tell your visitors how you collect, use, and protect their personal information and other data.
What You Should Do:
- Draft a clear and straightforward privacy policy. Explain how your website collects and uses data, including the role of cookies. Many CMPs walk you through the process of creating a privacy policy by asking a series of questions and using a template to generate a starting point for your privacy policy.
- Make sure your policy is easy to find. Ttypically, it should be linked in your website’s footer.
Why It Matters:
A well-crafted privacy policy not only helps you comply with laws but also builds trust with your visitors. They’ll appreciate knowing you’re upfront about how their data is being handled.
3. Develop a Cookie Policy
While your privacy policy covers general data practices, a cookie policy is where you get specific about cookies. This is where you lay out all the details—what cookies you use, why you use them, and how users can manage their preferences.
What You Should Do:
- Clearly list and describe each type of cookie your site uses. Include information on what data they collect, how that data is used, and where it’s sent.
- Provide instructions on how users can manage or opt out of cookies, whether through browser settings or directly on your site.
Why It Matters:
Transparency is key. A detailed cookie policy not only keeps you compliant but also empowers your users to make informed decisions about their data.
4. Implement an Opt-Out Mechanism for Data Resale or Sharing
In some states, like California, users have the right to opt out of the sale or sharing of their personal data. This is where the “Do Not Sell or Share My Personal Information” option comes into play.
What You Should Do:
- Add a prominent link or button on your website that allows users to opt out of data resale or sharing. This is often included in your site’s footer or your cookie banner or privacy policy.
- Ensure that your website respects this choice—meaning no cookies or trackers that facilitate data sharing should be set if a user opts out. A CMP will ensure this happens if properly configured. If you use Google Tag Manager and have scripts that need to be excluded with certain consent settings, you’ll have to set up Google Consent Mode (see more about that below).
Why It Matters:
This step is all about respecting user rights and showing your visitors that you’re serious about their privacy.
5. Provide a Mechanism for User Requests
Cookie laws often give users specific rights, such as the ability to access, delete, or correct their data. You need to be ready to handle these requests smoothly and efficiently.
What You Should Do:
- Set up a system that allows users to submit requests easily. This could be a form on your website, an email address, or another method.
- Have a clear process in place for responding to these requests promptly and within any legal timeframes.
Why It Matters:
Handling user requests is not just about compliance—it’s about providing excellent customer service. When users know they can trust you to manage their data properly, they’re more likely to keep coming back.
6. Use a Cookie Banner
A cookie banner is one of the most visible signs that your website is compliant. It’s also a powerful tool for giving users control over their data.
What You Should Do:
- Implement a cookie banner that pops up when a user first visits your site. It should clearly explain that your site uses cookies, with options to accept or decline them.
- Make sure the banner allows users to customize their preferences, such as opting out of specific types of cookies like analytics or advertising.
Why It Matters:
A cookie banner isn’t just about ticking a legal box—it’s about engaging with your users right from the start and giving them control over their privacy.
7. Implement Google Consent Mode if Needed
If your website relies on Google Analytics or other Google services, implementing Google Consent Mode can help you stay compliant while still gathering useful data. Additionally, if you use Google Tag Manager and want to exclude certain scripts based on consent settings, Google Consent Mode is the way to do it.
What You Should Do:
- Set up Google Consent Mode on your site per instructions from your CMP. This tool adjusts the behavior of Google’s services based on the user’s consent status.
- When a user declines cookies, Google Consent Mode will ensure that Google Analytics and other services operate in a more privacy-friendly way, reducing the data collected while still providing valuable insights.
Why It Matters:
Google Consent Mode helps you balance compliance with the need for data-driven insights, allowing you to respect user preferences without sacrificing all analytics capabilities.
Wrapping Up
The above are general guidelines of what to do in terms of cookie compliance on a typical marketing website in the US. This is, of course, not legal advice. Talk with your attorney about that. Also, the above should cover you for most applicable US cookie laws, but you should do a deep dive on the laws that you know affect you.
It’s essential to consider exceptions and exemptions to the cookie laws you think might apply to your website. For example, if you’re a non-profit, you’re exempt from many cookie laws. Many cookie laws have minimum revenue or data restriction requirements. So, make sure to understand whether you need to abide by the cookie laws you think would apply to you.
Complying with US cookie laws might seem like a lot of work, but it’s well worth the effort. By following these seven steps—scanning and categorizing your cookies, creating clear policies, implementing opt-out mechanisms, managing user requests, using a cookie banner, and leveraging tools like Google Consent Mode—you’ll not only stay compliant but also build trust with your visitors.
Remember, staying informed and proactive is key. The landscape of cookie laws is always evolving, so make sure you keep your website and policies up-to-date. And if you ever feel overwhelmed, remember there are tools like CMPs that can help you manage the process and keep everything running smoothly. Here’s to happy, compliant browsing!
