Cookie Policy Requirements: Staying Compliant in 2026
If your website uses cookies, you likely need a cookie policy — and possibly a consent banner. GDPR and CCPA have specific requirements. Here is what compliance looks like.
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Cookie Policy Requirements: Staying Compliant in 2026
If your website collects any data — through Google Analytics, advertising pixels, session cookies, or login authentication — you likely need a cookie policy. Depending on where your visitors live, you may also need a consent banner before placing any non-essential cookies on their devices.
What Are Cookies?
Cookies are small text files stored on a visitor's browser when they visit a website. They serve many purposes:
- Session cookies: Keep users logged in during a visit
- Analytics cookies: Track page views, bounce rates, user journeys (Google Analytics)
- Advertising cookies: Build profiles for retargeted ads (Facebook Pixel, Google Ads)
- Preference cookies: Remember user settings and preferences
- Third-party cookies: Placed by embedded content from other domains (YouTube, social share buttons)
Why You Need a Cookie Policy
Several major privacy regulations require disclosures about cookie use:
GDPR (European Union) The EU's General Data Protection Regulation requires that websites inform users about ALL cookies and obtain explicit consent before placing any non-essential cookies. A cookie policy must be clearly accessible and explain: - What cookies you use and why - Which are essential vs. non-essential - How users can opt out
CCPA / CPRA (California) California's privacy laws require disclosure of data collection practices and the right to opt out of the "sale" of personal information. Tracking cookies used for advertising may count as a sale under California law.
ePrivacy Directive (EU) Specifically governs cookies in the EU and requires prior consent for most types of cookies except strictly necessary ones.
What Your Cookie Policy Must Include
A compliant cookie policy should cover:
- 1What types of cookies you use — a table or list of each cookie, its purpose, duration, and whether it's first-party or third-party is best practice
- 1Why you use cookies — essential functionality, analytics, marketing, etc.
- 1Third-party cookies — if you embed YouTube videos, social sharing buttons, or advertising pixels, disclose those third parties
- 1Cookie duration — how long each cookie remains active (session vs. persistent)
- 1User rights — how users can delete or disable cookies, and whether they can opt out of non-essential cookies
- 1How to manage cookies — links to browser settings, instructions for common browsers
- 1Updates to the policy — when the policy was last updated and how users will be notified of changes
Do You Need a Consent Banner?
For EU/UK visitors: Yes, you need a consent management platform (CMP) that gives users the ability to accept or reject non-essential cookies before they're set.
For U.S.-only sites: Consent banners are becoming increasingly expected, especially for California visitors under CPRA. A "Do Not Sell My Personal Information" link is required.
Practical Implementation
- 1Audit your cookies — use browser developer tools to see exactly what cookies your site sets
- 2Create your policy — use iRunDocs to quickly generate a compliant cookie policy
- 3Add a consent banner — consider tools like Cookiebot, OneTrust, or CookieYes
- 4Link your policy — add a link to your cookie policy in your site footer and in your consent banner
- 5Keep it updated — any time you add new tools (analytics, advertising, chat), update your policy
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