01 July 2019
Cookies are small text files that websites place on the computers and mobile devices of people who visit those websites.
These files are then read by the website each time you return to the site. These text files allow a website to remember your device and how you interacted with the website, which is useful for a number of different purposes.
For example, cookies can be used to remember username and password information so that you don't have to re-enter all of your login information every time you visit a site you frequently log in to.
Other functions of cookies are to provide custom advertising to users based on searches and personal interests, as well as site performance cookies that enhance website use by remembering things such as custom video streaming or volume settings you have selected while using the website in the past.
Policies are put into place on websites to help inform users of different, important topics.
A Cookies Policy is the policy where users can find detailed information about the types of cookies a website uses, how these cookies are used, and how users can control cookies placement through limiting or forbidding a website to place cookies on his/her electronic device.
If you're looking for the template, go and download it from here. It's free.
While pop-up boxes and banner notifications alert users that cookies are being used and can allow for an option to opt out within that box or banner, this kind of policy is where further information can be detailed and presented to your visitors.
The EU's GDPR requires that you get consent to use most cookies, and having a cookie notification is the perfect way to do this.
US-based companies that do business targeted to EU nations must comply with EU cookies laws, but most US-based, US-targeted businesses do not need to comply.
In the US, the Federal Trade Commission (FTC) enforces privacy and data security laws and regulations, but cookies are not explicitly separated from general privacy laws as they are in the EU.
While both policies of BBC are closely connected and within the same general informational section of the website, they are kept clearly separate:
To really see the difference between EU and US requirements, consider Amazon.
This is the US version of Amazon:
This is the UK version of Amazon:
The US-based Amazon website has the information about cookies located within its Privacy Notice, and for US laws, that's good enough:
All Cookies Policies will include the same basic information. An adequate and compliant policy of this kind will inform users of the following:
Most policies on this matter start by letting users know that cookies are in use, and telling them what cookies are. Simple, easy-to-understand language should be used here so that everyone is able to understand what the policy is saying.
Below is an example of the introduction from The Guardian's Cookies Policy. Note how it starts with a short, simple definition of what cookies are:
The Guardian goes on to tell users about each different type of cookie that is used, and how these are used. This is helpful to users as it allows them to pick and choose which cookies to allow or disallow depending on what they feel comfortable with after being informed.
Amazon UK's Cookies Notice lets users know some of the purposes for using cookies on the website, which is generally helpful and informative enough.
When it comes to disabling or turning off cookies, you must provide information on how to do this to your users, whether the information is specific to your website, or general.
Note how The Guardian lets users know how to turn off or adjust cookie settings in a number of different web browsers, as well as provides links to other websites where further control can be exerted over how cookies are used in general on that user's device.
Websites based in the EU have taken a number of different approaches to notify users of cookies and their Cookie Policies.
Here are a few of the most convenient and effective methods for providing this notice.
Top banner pop-ups
These pop-up banners are hard for a user to miss.
See another example below from the BBC website.
Below is another example of a pop-up top banner bar from the Good Food website. This pop-up makes explicit reference to the Cookies Policy and links to the policy itself at the end of the notice.
General pop-up messages
Providing a pop-up box anywhere on your website will give adequate notice to users that cookies are in use on your website, so long as the pop-up box is conspicuous and clearly states what the purpose of the message is.
While the Financial Times now uses a top banner pop-up, their old method was a pop-up box, seen below. This is an example of an adequately conspicuous and clearly stated pop-up box message that provides a link to the Cookies Policy where users can find out more about cookies and also links for managing cookies settings or disabling them altogether.
Use the Cookies Policy Generator to create this legal agreement.
If you're looking for the template, download the Cookies Policy Template as a PDF file or download the Cookies Policy Template as DOCX. It's free.
This free Generic Cookies Policy Template is available for download and includes these sections:
This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.