What Is Cookie Consent? Requirements and Solutions for Cookie Law Compliance

Cookie consent has become a major buzzword today with the introduction of global data privacy laws. This article will help you learn about cookie consent and its requirements under global data privacy laws. We will also guide you on how to obtain user consent for cookies using WebToffee’s GDPR Cookie Consent Plugin.

Global data privacy laws have changed drastically in recent years. People became more concerned about their privacy and Governments introduced new rules and regulations to safeguard people’s privacy.

All major data privacy laws apply to the use of website cookies. Which requires you to obtain valid consent from your users for placing cookies on their devices. Asking for cookie consent not only helps you comply with privacy laws but also builds trust with your website visitors and potential customers.

So, let’s get started.

Cookie consent refers to the permission website owners must obtain from their visitors to load cookies that process personal data on their site. This involves an interaction between the user and a consent management platform (CMP) to decide whether to accept or reject cookies from the website.

Cookies gather various types of information from site visitors, such as IP addresses, authentication data, and preferred language. Since this data can potentially identify an individual, it is important for website owners to obtain consent before using cookies.

Cookie consent helps websites comply with data privacy laws by asking for consent from users before placing cookies on their browsers. This enables users to accept or reject cookies on a website.

Many services and extensions on your website use cookies and tracking scripts to collect personal data from visitors. Global privacy laws like the EU’s GDPR, ePrivacy Regulation, and US State privacy laws require websites to obtain opt-in or opt-out consent from site visitors.

Cookie consent is no longer only a legal requirement, there is a growing consumer demand for protecting online privacy.

Website cookies are primarily divided into two categories – first and third-party cookies.

First-party cookies are set by the website visited by the user, whereas third-party cookies are set by the third-party elements present on the website, such as chatbots, social media plugins, ads, etc.

These cookies are further divided by how they are needed for the functioning of a website. Certain cookies are necessary for the functioning of a website such as cookies for securely accessing the site, allowing eCommerce shops to hold items in cart while shopping online, etc.

These cookies are called necessary cookies and the majority of online privacy regulations allow websites to activate such cookies without visitors’ consent. All cookies other than necessary are considered non-necessary and need prior consent from users for activating them.

A cookie consent policy is a document that explains the use of cookies on your website. The purpose of cookie policies is to inform visitors about the different cookies used on the website and how their personal information is handled. A well-defined cookie policy is required for every website to comply with major cookie laws in the world.

To comply with major cookie laws like GDPR and CCPA, a cookie policy should have the following information:

• A brief explanation of what cookies are?
• What types of cookies are used on the website?
• Why cookies are used on the website?
• What information do the cookies collect?
• How can users accept or reject cookies, and how can they revisit the consent?

A cookie consent banner is a notice that discloses the use of cookies on the website and has buttons or links to obtain consent from website visitors for using cookies. The banner should be noticeable and easily accessible, and the banner text should be written in layman’s terms so that an average person can understand it.

Examples of Cookies Consent Banners

Now, let’s see some examples of different types of cookie consent banners.

1. GDPR-Compliant Cookies Consent Banner

GDPR requires you to obtain explicit consent from site visitors with a clear affirmative action like clicking on an “Accept button.”

2. CCPA-Compliant Cookies Consent Banner

CCPA or CPRA requires an opt-out consent mechanism. Websites should provide a button or a link that says “Do Not Sell or Share My Personal Information” to allow users to withdraw their consent.

3. IAB-Compliant Cookies Consent Banner

Websites serving ads to EU visitors should comply with Interactive Advertising Bureau’s Transparency and Consent Framework (IAB TCF) and requires a cookie consent banner that meets the TCF standards.

As people became more concerned about privacy, governments across the world introduced new privacy and security laws. Several of these laws mention cookie usage since cookies store the personal information of users and track their online activities.

Following are the major cookie laws in the world.

1. GDPR- General Data Protection Regulation

The European Union introduced GDPR in 2018, which is considered to be the toughest security law in the world. A new standard has been set for privacy laws in the world thanks to GDPR. The regulation guarantees several rights to users to protect their personal data from businesses.

2. CCPA- California Consumer Privacy Act

The California Consumer Privacy Act is a comprehensive privacy law aimed at protecting the privacy of consumers residing in California. CCPA applies to any entity that does business in California and deals with the personal information of Californians. The law gives more control to consumers in California over their personal data shared with companies.

The CCPA was later amended, and on January 1, 2023, the California Privacy Rights Act (CPRA) was enacted by the California government.

3. UK-GDPR

Following Brexit, the UK has implemented its own version of GDPR, known as UK-GDPR. The UK-GDPR is more of a borrowed version of the EU’s GDPR. Word for word, it mirrors the EU GDPR. Accordingly, the UK-GDPR also contains cookie compliance requirements, as mentioned in the EU GDPR.

Cookie consent requirements depend on two factors:

1. Where your business is located
2. Where your website visitors are from

There are various data privacy laws worldwide. If your business operates in the EU and your visitors are within the EU region, then the EU’s GDPR and ePrivacy Regulation apply to your business. Similarly, if your users are from the United States, you must comply with US state data privacy laws such as the California Privacy Rights Act (CPRA) and the Virginia Consumer Data Protection Act (VCDPA).

Laws like the GDPR require an opt-in consent mechanism, meaning you need to obtain prior consent from your site visitors before loading cookies. In contrast, laws like the CPRA require an opt-out consent mechanism, meaning you do not need to obtain prior consent before loading cookies but must allow users to opt out of cookies.

Let’s explore the cookie consent requirements for different laws and regulations.

GDPR Cookie Consent Requirements

1. Inform users about the use of cookies in simple and clear language.
2. Block third-party cookies by default until the user gives consent.
3. Consent should be given with a clear affirmative action like clicking on an “Accept” button.
4. Allow users to provide granular consent to cookies based on their categories.
5. Allow users to withdraw or modify their consent preferences at any time.
6. Keep a consent log report as proof of compliance.
7. Renew consent at specific intervals.
8. Include links to the privacy policy and cookie policy.
9. Let visitors close the cookie banner without giving consent.
10. Automatically translate the cookie banner text based on the visitor’s preferred language.

CCPA/CPRA Cookie Consent Requirements

Unlike GDPR, CCPA/CPRA uses an opt-out mechanism for cookie consent. However, websites must obtain prior consent to collect sensitive personal information and the personal information of children under 16.

The law requires businesses to disclose information about cookie usage and inform consumers about what data is collected and how it is processed or stored. Additionally, users must have the option to opt out of the sale or sharing of any personal information, not just sensitive information, to third parties.

CCPA does not require cookie banners. Instead, websites should provide a button or link labeled “Do Not Sell or Share My Personal Information” to allow users to opt out of cookies.

IAB TCF Cookie Consent Requirements

The Interactive Advertising Bureau is a nonprofit global organization that sets standards for online advertising and marketing. Their Transparency and Consent Framework (TCF) is a technical framework for ensuring transparency and accountability in data processing by advertisers.

With the TCF v2.2, IAB aligns its consent requirements to meet GDPR standards.

Here are the consent requirements for IAB TCF compliance:

• Websites should collect and manage consent and legitimate interest signals from users.
• Allow users to accept or withdraw consent based on purpose and vendors.
• CMPs must provide an up-to-date list of vendors who may process user data.
• Vendors should disclose what data they collect, why it is collected, and how long it will be retained.
• Vendors should have a legal basis (either consent or legitimate interest) for collecting data from users.
• Provide user-friendly descriptions to explain the purposes of data collection.
• Provide user-friendly interactive buttons to opt out of cookies

Google’s Additional Consent Requirements

Starting January 16, 2024, Google requires publishers, website owners, and developers using Google ad tech services such as Google AdSense, Ad Manager, or AdMob to use a Google-certified Consent Management Platform (CMP) that integrates with the IAB’s Transparency and Consent Framework.

Google Certified CMP

CMPs can apply for Google certification. Google will assess the CMP to ensure it integrates with the IAB framework and supports Google’s Additional Consent specifications. Once approved, Google will include the CMP in its list of certified CMPs.

Our GDPR Cookie Consent Plugin has been certified by Google for cookie consent management. It supports Google’s additional consent specifications and allows our users to continue use Google’s ad tech platforms.

View the certified CMP list here. (Our TCF CMP ID: 404)

Cookie Consent Requirements for Google Consent Mode

Google Consent Mode is an API developed by Google to control Google tags based on user consent. The Google Consent Mode will interact with the website’s consent management platform (CMP) and send information to Google about visitors’ consent to cookies.

Here are the cookie consent requirements for Google Consent Mode

• Websites should use a CMP that supports Google Consent Mode integration.
• Provide users with the option to accept or reject cookies and tracking scripts based on their purposes (e.g. advertising, analytics)
• Use the CMP to send consent signals to Google tags.
• Clearly inform users about the types of data collected, the purposes for which it is used, and the third parties involved.
• Configure Google tags to adapt their behavior based on the user’s consent status.

WebToffee GDPR Cookie Consent Plugin is one of the best cookie consent solutions for WordPress websites. It meets the standards of the EU’s GDPR and US state laws for cookie consent.

This plugin is a native consent management solution for WordPress, meaning no signups or third-party integrations are required. All consent-related data is stored on your own web server.

The plugin works with both opt-in and opt-out consent mechanisms. You can scan your website to identify and categorize the cookies on your website. The plugin will automatically block all the third-party cookies until user gives consent.

You can create a single cookie banner that complies with both GDPR and CCPA or use geo-targeting to show a GDPR cookie banner to EU visitors and a CCPA cookie banner to US visitors.

Additional features of this plugin include:

• Different layouts for cookie banner
• Customize various elements of the cookie banner
• Create a cookie policy
• Supports Google Consent Mode and IAB TCF
• Create a consent log report
• Automatic translations for popular languages

How to Obtain Cookie Consent?

The best way to obtain consent from site visitors for loading cookies is with the help of a cookie consent banner. You can provide links to the cookie policy, add buttons for accepting or rejecting cookies, and options to opt-out or revoke consent anytime.

The GDPR requires websites to get prior consent for cookies, while the CCPA doesn’t; instead, it requires websites to give visitors the option to opt out of cookies. Unlike GDPR, CCPA doesn’t mention creating a cookie consent banner. Still, it requires websites to have a proper cookie policy and cookie disclosure notice with a link that says, “Do not sell my personal information”.

Do You Need Consent for Cookies?

Yes. You need consent from your site visitors for loading cookies on their browsers. Obtaining cookie consent will help you comply with privacy laws like GDPR and CCPA.

Does GDPR Require Cookie Consent?

Yes. GDR requires you to ask for consent from your users to use cookies that are not necessary for accessing the website’s functionality. These cookies need consent because they collect user data for their purposes.

How Can I Obtain WordPress Cookie Consent?

To obtain cookie consent on your WordPress website, you can use the WordPress cookie consent plugin by WebToffee. It will help you achieve cookie compliance with major data privacy laws.

Refer to our guide on WordPress cookies for more information.

Cookie consent is crucial in a time of major concern for digital privacy. As a website owner, it’s essential to prioritize your users’ privacy by adhering to the best privacy practices. We hope this article has equipped you with the necessary information to take the right actions and ensure a safe online experience for your users.

If you have any doubts, please feel free to ask them in the comments section. We’d be happy to help you.