cookie requirements for CA businesses

More from the legal front of consumer protections… did you know that the state of CA considers cookies to be “personal information?” That being the case, businesses operating in CA ( meeting certain criteria) are required to have a notice of website cookies for their online reader.

Our friends over at Cookie Yes broke it down this way:

California’s CCPA doesn’t require businesses to gain opt-in consent, but does require businesses to disclose that cookies are used, and that data is collected by cookies and for what purpose… further, when cookies are used for targeted advertising, it could be considered a “sale” under CCPA that may require consent. (Source: CookieYes.com)

It’s a lot to decipher.

To understand the rules under the California Consumer Privacy Act (CCPA), you need to know that opt-in consent is not required, you merely have to disclose that cookies are being used — UNLESS you’re using them for your advertising, in wish case you need consent.

What’s more, the CCPA/CPRA mandates apply to businesses that meet certain criteria, including this most relevant one:

  • Your business buys, receives, or sells personal data from more than 100k California consumers, households, or devices

I say create a cookie notice with an opt-in/opt-out option to cover your behind in any matter, but you do you.

🍪🍪🍪

thankfully, Squarespace makes a cookie notice super easy to set up.

SET UP YOUR COOKIE NOTIFICATION BANNER:

You can select either a bar or a banner to disclose use of cookies, and format to your brand aesthetic. It’s a 5 minute task that keeps your website compliant in CA (and VA) as well as keeps alignment with the GDPR - for those doing international business.

HERE’S HOW:

  1. Open the Cookies & Visitor Data panel.

  2. Switch on the toggle beside Cookie banner.

  3. Choose the cookie banner Type.

  4. Format and finalize per your needs.

For those with a Squarespace website, you can learn about the exact cookies being used.

I highly encourage you ensure compliance on your website and to stay caught up with the continuing change and revisions happening in state and national compliance requirements.

I am happy to chat with you about cookies, though I’d rather be eating them...

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privacy policy compliance for your business website