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CCPA Compliant Cookie Banner

Last Updated: March 18, 2020

Since the enacting of the CCPA, it’s important for companies to implement cookie banners when they’re collecting and processing the personal data of California residents. In this article, we’ll take a look at how to create a CCPA compliant cookie banner. 

If the business that collects the personal data of individuals meets one or more of the following conditions, they must adhere to the steps to be CCPA compliant: 

  • The business earns $25 million or more in revenue annually. 
  • Processes data of 50K or more consumers, households, or devices. 
  • It derives at least 50 percent of its annual revenue from selling the personal in 

A CCPA compliant cookie banner must include the following: 

  1. Information about cookie use that includes details about the purpose for the use of cookies on the site and whether the site shares the information with third party companies. 
  2. A button to accept or decline cookies. Although the CCPA doesn’t require consumers to opt-in to cookies before the website can drop cookies, it’s considered best practice to still inform the user about the data it collects. The cookie banner can include a link to a cookie settings page where a user can choose to opt-in or out, as well as see exactly what cookies they’re consenting to. 
  3. The CCPA requires that businesses include a link or button to an opt-out form on your home page. The button should read “Do Not Sell My Personal Information.” The link needs to route to a Do Not Sell page on your website. The Do Not Sell page should include a link to a privacy policy and the option to opt-out of personalized advertisements. This button is not considered a cookie banner, but it can be on or near the cookie banner.  
  4. The consumer must have the ability to withdraw consent for the sale of their personal information at any time in an easy-to-find spot on the website.  

Under the CCPA, opt-out consent is admissible in a CCPA compliant banner, so a preference center can give automatically opt the user in, but must also give the user the opportunity to opt-out of cookies. Additionally, the implied consent model is also permitted under the CCPA. Informing the user that the continued use of the site equals consent is acceptable for the CCPA requirement of informing the website user about the use of cookies.  

Create your CCPA opt-out button and cookie consent banner with CookiePro! 

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