What Should a Compliant Cookie Banner Include?

A compliant cookie banner must provide users with clear and concise information about how cookies are used on a website and give them control over their preferences. There are two main types of consent banners: opt-in and opt-out.

An opt-in banner requires users to explicitly agree to the use of cookies before any data is collected, typically through an "Accept" or "Allow" button. This type of banner is necessary for compliance with regulations like the GDPR, ePrivacy Directive, and similar laws in countries such as Brazil, South Africa, and Thailand. It ensures that users' consent is obtained before personal data is collected.

In contrast, an opt-out banner allows cookies to be used and data to be collected without prior consent, although users must be given the option to opt out of certain uses of their data, such as targeted advertising. This approach is typically seen in US state-level privacy laws, where users must be notified about data collection and given the option to opt out of data sharing.

Regardless of the consent model, a compliant banner should include clear, easy-to-understand information about the cookies being used, options to accept or reject cookies, a link to the privacy or cookie policy, and contact details for exercising rights under data protection regulations.