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FAQ: Cookies & LAW

What Is Cookie Consent?

Cookie consent is the term for when users give their consent to letting a website activate its cookies and trackers that process personal data. Cookie consent is a required legal basis under the GDPR for websites to have in order to be able to collect, process or share the personal data of individuals inside the EU.

What Is The GDPR?

The General Data Protection Regulation (GDPR) is an EU data privacy law that governs all processing of personal data of individuals inside the EU. GDPR requires websites to ask for and obtain the prior and explicit consent from users before processing any personal data from them. Personal data includes names, addresses, ID numbers, information about appearance, health, genetics, location data, as well as online identifiers such as cookies, IP addresses, search and browser history.

How Does A Cookie Consent Banner Work?

A cookie consent banner works by presenting users with detailed information about the website’s cookie setup and enabling users to activate and deactivate cookies, thereby giving or not giving consent to which cookies they will allow to process their personal data.

How Can My Website Become GDPR Compliant?

Your website must inform users of all cookies and trackers, their provider, duration and purpose. Your website must also enable users to activate and deactivate cookies (except those strictly necessary for the basic function of your domain) as a means of giving their consent to the processing of their personal data.

What Is The CCPA?

The California Consumer Privacy Act (CCPA) is a state-wide data privacy law that regulates how businesses all over the world are allowed to handle the personal information (PI) of California residents. The effective date of the CCPA is January 1, 2020. It is the first law of its kind in the United States.

What Does The CCPA Mean For My Website?

If your business meets any of the three CCPA thresholds above and has an online domain, you are required to implement certain changes to your website. Your website must inform its users at or before the point of data collection about the categories of personal information that it collects and for what purposes.Yo ur website must feature a Do Not Sell My Personal Information link that users can use to opt out of third-party data sales.

What Is The Definition Of Personal Information?

Personal information under the CCPA includes direct identifiers (such as real name, alias, postal address, social security numbers), unique identifiers (such as cookies, IP addresses and account names), biometric data (such as face and voice recordings), geolocation data (such as location history), internet activity (such as browsing history, search history, data on interaction with a webpage or app), sensitive information (such as health data, personal characteristics, behavior, religious or political convictions, sexual preferences, employment and education data, financial and medical information). Personal information also includes data that by inference can lead to the identification of an individual or a household.

What Does The CCPA Say About Cookies?

Cookies and other website tracking technologies are classified as unique identifiers that form part of the CCPA’s definition of personal information. Cookies are one of the most commonly used technologies in the world for websites to collect personal information on end-users. First party cookies (those set by the website itself) often collect anonymous data for its core functions that is deleted once a user closes the browser, but third party cookies (those set by tech companies and social media platforms) often collect a lot of personal, sometimes sensitive information on consumers that can be kept for up to a hundred years.

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