By now we are all used to visiting websites and interacting with cookie consent pop-ups. You likely just click on the “accept all” and move about your browsing…unless you’re a marketer and you know better!
A cookie ID is the identifier that is included within most cookies when set on a user’s browser. It is a unique ID that allows your website to remember the individual user and their preferences and settings, when they return to your website.
First-party vs Third-party cookies
First-party cookies are essential for enhancing the user experience on websites. They are set by the website you are visiting (the host domain) and are considered an agreement between the user and the site to optimize its functionality. First-party cookies store the data you provide on the website and your IP address. There is no controversy surrounding their use, as they only collect basic information to improve your interactions with the website, but they still need to be disclosed to visitors.
In contrast, third-party cookies are set by a different domain than the one you are currently visiting. They are often used for tracking your online activity and delivering targeted advertising across multiple websites. Third-party cookies raise privacy concerns because they can continue to track you even after you leave the initial website.
You can read more about the different types of cookies and the death of the third-party cookie coming soon here and here.
Data Protection Laws and Requirements
As data protection laws continue to evolve and more restrictions are put into place, it is important for every company to have a cookie consent in place. There is currently no cookie law in the United States. However, some U.S. privacy laws such as the California Consumer Privacy Act and GDPR consider the information collected via cookies to be protected personal information. Most privacy laws require that you disclose to visitors what information you collect from them, such as their personal data and what you do with this information. If you use cookies to collect data from your site users, then you must have a cookie consent and cookie policy.
Cookies that require consent
If you use any of the following cookie types on your website, you should have a cookie consent and cookie policy on your website:
- Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.
- Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.
- Example: Instagram feed
- Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.
- Example: Google Analytics 4
- Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
- Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.
- Example: Meta Pixel, LinkedIn Insight Tag, Call Rail
What are the next steps?
There are a few simple steps you can put in place to protect yourself:
- Draft a Cookie Policy: A cookie policy explains how your website uses cookies and similar technologies. It should be easy to find and understand, and it should provide information about the types of cookies used, how long they are stored, and how you can control them. A cookie policy is not the same as a privacy policy. A privacy policy explains how a website collects, uses, and shares personal information. It should be clear and comprehensive, and it should explain your rights under data protection laws. We recommend consulting your attorney to review all legal policies.
- Activate a Cookie Consent: A cookie consent pop-up will help to automate the experience for users, and connect directly to the cookies installed on your site to perform the proper actions.
Willow has helped advise our clients about the ever-evolving data protection landscape for years. We’re happy to help evaluate your website and recommend the best solution. Reach out to discuss!
