Did You Know?
You may lose analytics data for users who decline cookie consent.
What is Cookie Compliance?
Cookie compliance ensures that your website adheres to data privacy laws such as GDPR, CCPA, and TDPSA when using cookies. This involves being transparent about cookie usage, obtaining user consent, and allowing users to manage their data. It’s crucial for safeguarding user privacy, preventing legal issues, and fostering trust.
Do You Serve Customers in One of These Areas?
Texas TDPSA
Effective July 1, 2024, the Texas Data Privacy and Security Act (TDPSA) is a law designed to protect the personal data of Texas residents.
California CCPA & CRPA
The California Consumer Privacy Act of 2018 gives consumers more control over the personal information that businesses collect about them.
European Union GDPR
The comprehensive GDPR law imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU.
Additional U.S. States with Privacy Laws:
These states have also enacted varying levels of privacy laws:
- Virginia
- Connecticut
- Colorado
- Utah
- Iowa
- Indiana
- Tennessee
- Oregon
- Montana
- Delaware
- Florida
- New Jersey
- New Hampshire
“Cookie consent laws protect personal data and give people rights over their information. If you serve customers in one of these states, you may be required to comply with consent laws.“
How Do I Comply with Cookie Consent Laws?
To comply with most cookie consent laws, businesses must:
- Get clear permission from users before collecting data.
- Provide easy-to-understand privacy notices.
- Protect data with strong security measures.
- Allow users to access, correct, or delete their data.
- Update privacy policies to reflect these rules.
“Get user permission, be transparent, and protect data.”
User Consent is Crucial
User consent is crucial under cookie consent laws. Businesses must get clear permission before collecting or using personal data. Using a consent management platform (CMP) can help manage a consent banner on your website.
“You must get clear permission from users to collect their data.”
This means that if a user declines permission, third party cookies, including those used by Google Analytics may no longer run on your site. See how Lead Gear can help you maintain accurate tracking data while complying with various consent laws.
Get Started With Lead Gear to Become Compliant
Sign up with Lead Gear to lock in a full year of cookie compliance.
Who is Required to Comply with Cookie Consent Laws?
Small Businesses Are Usually Exempt
The U.S. Small Business Administration (SBA) Office of Advocacy defition of a small business varies by industry and is usually defined by the number of employees or average annual receipts. For specific size standards used in government programs and contracts, refer to the Table of Size Standards available on the SBA website.
Texas Compliance
TDPSA applies to businesses operating in Texas or targeting Texas residents, excluding nonprofits and small businesses. Small businesses still need consent before selling sensitive data.
“If you do business in Texas, TDPSA probably applies to you.”
California Compliance
The CCPA/CPRA is applicable to organizations that do business or market/sell goods in California. Additionally, an organization must meet one of the following criteria:
- Process data for 100,000 or more California residents (visitors to your website)
- Have an annual gross revenue exceeding $25 million
“If your website has visitors from California, no matter your company’s location, the CCPA applies for those customers.”
GDPR Compliance
The GDPR applies to:
- Any company or entity that processes personal data as part of its branch activities established in the EU, regardless of where the data processing occurs; or
- A company established outside the EU that offers goods or services (whether paid or free) or monitors the behavior of individuals within the EU.
“If your website tracks users from within the EU, no matter your company’s location, you must comply with GDPR.”
Legal Penalties of Not Complying with Cookie Consent Laws
In Texas, non-compliance can result in fines up to $7,500 per violation from the Attorney General’s office. This fine can add up quickly if multiple users’ rights are violated.
In California, the Attorney General or the California Privacy Protection Agency may take legal action against non-compliant entities.
In Europe, the GDPR will levy harsh fines against those who violate its privacy and security standards.
“Not complying to consent laws can lead to big fines.”
Cookie Consent and Your Google Analytics Data
How Lead Gear Can Help You Can Continue to Track Analytics Data for ALL Users
Server-side tagging allows businesses to track data more securely and accurately by processing data on their own servers before sending it to analytics tools. This method can help comply with consent laws by adding an extra layer of data protection and control.
If a user declines cookie consent, Google Analytics and other tracking tools may not be able to process event information for that user.
To use Google Analytics 4 (GA4) and comply with consent laws:
- Collect only necessary data.
- Get user permission first.
- Update privacy policies to include GA4.
- Review settings regularly to stay compliant.
“Configure GA4 properly and get user consent.”
