Create a custom Cookies Policy disclosing your use of cookies and be compliant with the law: GDPR and the EU Cookies Directive regulation.
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Learn how to comply with the EU Cookies Directive and what you need to add in your Cookies Policy.
It's useful to do an audit and find out what cookies your website is using and storing on a user's device. Learn how to do an cookies audit.
You need to properly notify users that your website may use cookies and where users can find more information.
If you use cookies, you'll need to at minimum disclose this in your Privacy Policy. But you should consider having a Cookies Policy, as well. In fact, you may legally need one.
A Cookies Policy is a sometimes-legally-required agreement that informs your users:
The purpose of a Cookies Policy is to inform your users what cookies you use, and for what purposes. This helps maintain user privacy rights and protect consumers. It's an agreement that boosts transparency between businesses and users.
A Cookies Policy is important because the GDPR legally requires one. If you fall under the scope of the GDPR and don't have a Cookies Policy, you can face potential fines and legal issues.
They're also important for maintaining consumer privacy rights and keeping your users informed about your practices. They're important for transparency and facilitating user rights.
If your website or app has users in the EU, if you're located in the EU or if you do business in the EU, you will need to have a Cookies Policy on your website or mobile app.
This is a requirement of the EU's GDPR.
Your Cookies Policy should include clauses that address the following:
Include a link to your Cookies Policy in your website footer. If you have a mobile app, include a link in an app menu, such as an "About" or "Legal" menu.
Add a link to your Cookies Policy to your cookie consent notice.
A Cookies Policy is a sometimes-legally-required agreement that exclusively addresses cookies, what they are, what ones you use and how you use them.
A Privacy Policy is legally required and addresses the collection, use and storage of all types of personal information, including but not limited to cookies.
While both agreements work to protect consumer privacy and boost transparency between businesses and users, a Privacy Policy will have far more information and be more broad than a Cookies Policy.
A Privacy Policy will often include a clause addressing cookies as one of its many clauses.
A Cookies Policy is a full-length legal agreement addressing details about cookie use.
A cookie consent notice is a pop-up window or banner with a short, summarized statement within it that seeks to get consent from users to agree to the full text of the Cookie Policy.
They work together to create a binding agreement between the parties.
A cookie consent notice will appear the first time a user visits a website. After a user gives or denies consent for cookies, the cookie consent notice will go away and the user's choice will be recorded.
A Cookies Policy should remain available and accessible via a link (usually in a website footer) at all times.
If you fall under the scope of the GDPR, you must have your Cookies Policy separate from your Privacy Policy. You can (and should) still include a short cookies clause in your Privacy Policy, but you cannot combine the agreements into one.
If you don't fall under the scope of the GDPR and aren't legally required to have a Cookies Policy, you can include a cookie clause in your Privacy Policy that discloses your use of cookies.
If in doubt, always create separate legal agreements. You can cross-reference the agreements across others, for example, by linking your Cookies Policy to your Privacy Policy.
Cookies Policies are legally binding if you get appropriate consent and agreement from your users.
The most common way to do this is to have a pop-up window or banner bar show up the first time someone visits your website. This is called a cookie consent notice.
In this notice, include a statement that you're requesting consent to place cookies and link to your full Cookies Policy. Give users the option to accept or decline your use of cookies via clearly-labeled buttons or a checkbox and ask them to agree to the terms within.
If you don't get clear consent, your Cookies Policy may not hold up in court since a formal contract may not be found to be formed.