Cookie Policy

A Cookie Policy in the United States establishes the obligations and procedures governing the conduct it regulates.

A Cookie Policy governs the placement, reading, and processing of small data files — cookies — that a web server stores in a visitor's browser, as well as related technologies including web beacons (pixel tags), local storage objects, session replay scripts, fingerprinting techniques, and third-party software development kits (SDKs) embedded in the site. Each of these technologies can collect information about the visitor's device, browser settings, IP address, pages visited, time spent on the site, clickstream data, and purchase behavior. Taken together, this data enables site operators to measure audience metrics, personalize content, retarget visitors through advertising networks such as Google Ads, Meta Pixel, and the Trade Desk, and share behavioral data with data brokers and analytics platforms.

The legal significance of a Cookie Policy in the United States differs from the EU framework under the General Data Protection Regulation (EU) 2016/679 (GDPR) and the ePrivacy Directive 2002/58/EC, which require prior informed consent before placing non-essential cookies. US law, by contrast, generally requires disclosure and opt-out mechanisms rather than opt-in consent — except where the data is sold or shared with third parties for cross-contextual behavioral advertising, in which case the CCPA/CPRA requires a conspicuous 'Do Not Sell or Share My Personal Information' link and honorable response to Global Privacy Control (GPC) signals. For websites that collect data from EU residents, GDPR consent requirements apply regardless of where the website operator is located.

A Cookie Policy differs from a Privacy Policy in scope: the Privacy Policy covers all personal data collected by the company across all channels (forms, email, purchases, employment), while the Cookie Policy focuses specifically on tracking technologies deployed on the website. Many companies publish the Cookie Policy as a standalone document and cross-reference it from the Privacy Policy. The Federal Trade Commission (FTC) Act, Section 5 (15 U.S.C. § 45), prohibits unfair or deceptive acts or practices, meaning that a Cookie Policy that misrepresents what data is collected or how it is used can be the basis for FTC enforcement action.

A Cookie Policy is needed for any US-based website or mobile application that deploys cookies, web beacons, pixels, or other tracking technologies to collect data about visitors, including websites that use Google Analytics, Google Tag Manager, Meta Pixel, LinkedIn Insight Tag, HubSpot, Hotjar, Intercom, or any third-party advertising or analytics script.

CalOPPA (Cal. Bus. & Prof. Code § 22575-22579) requires all commercial websites and online services that collect personally identifiable information from California residents — which includes IP addresses and device identifiers collected through cookies — to conspicuously post a privacy policy that discloses third-party tracking practices. California's Attorney General has authority to enforce this requirement.

The CCPA (Cal. Civ. Code § 1798.100 et seq.) applies to businesses that meet annual gross revenue thresholds over $25 million, collect personal information of 100,000 or more consumers or households, or derive 50% or more of annual revenue from selling or sharing personal information. Covered businesses must provide notice at collection (which includes cookie disclosures at the point of tracking) and must offer opt-out rights for the sale or sharing of data — a right triggered by sharing cookie data with advertising networks.

Virginia's CDPA, Colorado's CPA, Connecticut's CTDPA, and Texas's TDPSA create similar disclosure and opt-out requirements that apply to controllers who process personal data of Virginia, Colorado, Connecticut, and Texas residents respectively, even if the controller is based in another state.

Any website using Google Analytics 4 (GA4), which processes data on Google servers and shares behavioral data with Google Ads, must disclose this data flow in a Cookie Policy. Google's updated Terms of Service require website operators to post a Cookie Policy when using GA4. Similarly, Meta's Business Terms of Service require disclosure of the Facebook Pixel or Conversions API.

E-commerce websites that deploy remarketing pixels (Google Shopping, Amazon Advertising, Criteo, AdRoll) are pooling visitor data with advertising networks in ways that constitute a 'sale' or 'sharing' under the CCPA — each of these data flows must be disclosed by document type, named technology provider, and purpose.

A legally adequate US Cookie Policy must cover specific elements to satisfy the disclosure requirements of CalOPPA, the CCPA/CPRA, and applicable state privacy laws.

Cookie categories and descriptions: The policy must identify each category of cookie or tracking technology deployed on the site. Standard categories include strictly necessary cookies (session management, authentication, load balancing), performance and analytics cookies (Google Analytics 4, Mixpanel, Amplitude, Hotjar), functionality cookies (language preferences, saved form data, chat widget state), targeting and advertising cookies (Meta Pixel, Google Ads remarketing, LinkedIn Insight Tag, TikTok Pixel), and social media cookies (Share buttons from Facebook, Twitter/X, LinkedIn, Pinterest). Each category entry should name the specific technology provider, describe the cookie's function, and state its retention period.

First-party vs. third-party cookies: The policy must distinguish between cookies set by the website operator's own domain (first-party) and cookies set by third-party domains embedded in the site. Third-party cookies are the primary mechanism for cross-site tracking and behavioral advertising, and their disclosure is specifically required by CalOPPA regarding tracking by third parties.

Cookie duration disclosure: Each cookie entry should state whether it is a session cookie (deleted when the browser is closed) or a persistent cookie, and the persistent cookie's maximum retention period (e.g., 13 months for Google Analytics cookies, 90 days for certain Meta Pixel cookies).

Optout and consent mechanisms: For California residents, the policy must explain how to exercise the right to opt out of the sale or sharing of personal information, including a link to the 'Do Not Sell or Share My Personal Information' page and a statement that GPC signals will be honored. For browser-level controls, the policy should explain how to adjust cookie settings in Chrome, Firefox, Safari, and Edge. Industry opt-out tools such as the Digital Advertising Alliance (DAA) opt-out tool at optout.aboutads.info and the Network Advertising Initiative (NAI) opt-out tool at optout.networkadvertising.org should be referenced.

Do Not Track (DNT) disclosure: CalOPPA requires disclosure of whether the website responds to browser-sent Do Not Track signals. Most websites do not honor DNT and must state this explicitly.

Cross-border data transfers: Where cookies result in personal data being transferred outside the United States — for example, Google Analytics data processed in EU data centers — the policy should disclose this cross-border transfer and the legal basis or safeguard used (Standard Contractual Clauses, adequacy decisions).

Contact information and update date: The policy must identify the data controller (company name, address, email for privacy inquiries) and state the date it was last updated. CalOPPA requires the effective date to be displayed. Annual updates are recommended as cookie inventories change when new third-party scripts are added.