GDPR vs. CCPA: Key Differences in Cookie Consent Requirements

Cookies are small files that websites store in your browser. They help websites remember your preferences, track your activity, and sometimes show you personalized ads. But not all cookies are the same, and how they are used is now tightly controlled by privacy laws like GDPR and CCPA.

In recent years, two major privacy laws have garnered significant attention: the General Data Protection Regulation (GDPR) from the European Union and the California Consumer Privacy Act (CCPA) from the United States. While both are designed to protect people’s personal data, they have different rules, especially when it comes to cookie consent.

This blog explains the key differences between GDPR and CCPA when it comes to cookie usage, consent, and user rights.

What Are Cookies and Why Are They Important?

• Strictly necessary cookies: Needed for the website to work properly (e.g., login sessions).
• Performance cookies: Track how users interact with the site (e.g., Google Analytics).
• Functional cookies: Remember user choices like language settings.
• Targeting or advertising cookies: Show personalized ads based on browsing behavior.

Since cookies can collect personal data, privacy laws like GDPR and CCPA now regulate how websites must ask users for permission to use them.

GDPR Cookie Consent Requirements

The General Data Protection Regulation (GDPR) became effective in May 2018 and applies to all organizations dealing with the personal data of people in the European Union.

Key Cookie Consent Rules Under GDPR:

1. Consent Must Be Given Before Cookies Are Used

A website cannot drop cookies (except necessary ones) unless the user gives clear consent. This means a user must click “Accept” or make a choice before tracking starts.

2. Consent Must Be Freely Given

Users should not be forced to accept cookies to use the website. Consent should be voluntary and not tied to the use of services (no “cookie walls”).

3. Consent Must Be Specific and Informed

Users must know what cookies are used, why, and who will access the data. Cookie banners should explain the purpose of each type of cookie.

4. Granular Control Must Be Provided

Users must be able to choose which types of cookies they allow for example, accepting analytics cookies but not advertising ones.

5. Users Must Be Able to Withdraw Consent

People must have a simple way to withdraw consent at any time, such as a settings panel or “Cookie Settings” link.

6. Documentation of Consent

Organizations must keep records to prove that valid consent was obtained.

GDPR requires websites to use a "prior opt-in" method, cookies can’t be used until users say “yes.” The rules are strict and apply to all organizations that target EU users.

CCPA Cookie Consent Requirements

The California Consumer Privacy Act (CCPA) came into effect in January 2020 and was later amended by the California Privacy Rights Act (CPRA) in 2023.

CCPA applies to businesses that collect personal information from California residents, even if the business is not based in California.

Key Cookie Consent Rules Under CCPA:

1. No Prior Consent Required for Cookies

Unlike GDPR, CCPA does not require prior consent before setting cookies. Cookies can be used by default, but users must have the right to opt out of the sale or sharing of their personal data.

2. Do Not Sell or Share My Personal Information

Websites must show a clear and visible link saying “Do Not Sell or Share My Personal Information.” This allows users to opt out of cookies used for advertising or data sharing.

3. Global Privacy Control (GPC) Must Be Honored

If a browser sends a GPC signal, websites must treat it as an opt-out request and not use cookies that sell or share personal data.

4. Notice at Collection

Websites must tell users what data is being collected and why it’s being collected. This should be explained in the privacy policy and/or shown at the time of data collection.

5. Right to Delete or Access Data

Users can request to see what data has been collected through cookies and ask for it to be deleted.

Under CCPA, businesses do not need to ask before setting cookies, but they must provide an easy way to opt out of cookies used to sell or share personal data.

Key Differences Between GDPR and CCPA Cookie Consent

What This GDPR and CCPA Cookie Consent Means for Your Website

If your website is visited by people from both the EU and California, you must follow both GDPR and CCPA rules

This means you should:

• Show a cookie banner asking for consent before setting non-essential cookies (for GDPR).
• Provide a "Do Not Sell or Share" link for California users (for CCPA).
• Allow users to manage cookie preferences easily.
• Update your privacy policy to include detailed cookie use information.
• Respect GPC browser signals as opt-out requests under CCPA.

Best Practices for Cookie Compliance

To make sure your website follows both GDPR and CCPA cookie laws, you should follow these basic but important steps. These actions help you stay compliant and build trust with your visitors.

1. Use a Cookie Consent Banner

Add a clear and visible cookie consent banner that appears when someone visits your website for the first time. It should give users the option to accept all cookies, reject all cookies, or choose specific types of cookies they are comfortable with. This is especially important for GDPR, which requires prior consent before setting non-essential cookies. Make sure the banner is easy to understand and doesn’t block important content.

2. Create a Cookie Settings Page

Give users a way to change their cookie preferences anytime, not just when they first visit. A cookie settings page lets visitors manage their choices easily. This is helpful for both GDPR and CCPA compliance. You can link to this page from your footer, privacy policy, or cookie banner.

3. Update Your Privacy Policy

Make sure your privacy policy includes a clear section about cookie usage. List what kinds of cookies you use (e.g., marketing, analytics, preferences), what personal data they collect, who you share it with, and how long the data is stored. Update the policy regularly and keep it simple and honest.

4. Enable Global Privacy Control (GPC)

Global Privacy Control is a browser setting that allows users to tell websites not to sell or share their personal data. Under CCPA, you are required to honor GPC signals. Make sure your website can detect and respond to these signals automatically by turning off third-party cookies or ad trackers when GPC is enabled.

5. Avoid Pre-Checked Boxes

Always let users decide. Never use pre-checked boxes or assume people agree by doing nothing. For GDPR, consent must be active and informed, which means users must click to agree. Trick designs (called “dark patterns”) can get your site in trouble with regulators.

6. Document Everything

Keep a record of when and how each user gave their cookie consent. This includes the date, time, consent choices, and what version of your policy they agreed to. Having a proper audit trail can protect you if there is an investigation or complaint. Use consent management tools that log this information safely.

Conclusion

Cookies are a powerful tool for websites, but they must be used in a legal and respectful way. The GDPR and CCPA both aim to protect people’s privacy, but they go about it differently. While GDPR requires prior consent, CCPA focuses more on transparency and the right to opt out.

If you run a website or a business that collects user data, understanding these differences is is important, as it’s a legal requirement. Following best practices not only keeps you compliant but also builds trust with your users.

It is more crucial than ever to stay up to date and modify your cookie practices as privacy laws continue to change. If you're interested in learning more about cookie consent solutions or exploring a dependable cookie consent app designed specifically for Webflow, feel free to reach out to us today.

Frequently Asked Questions

1. Do I need cookie consent on my website?

Yes, if you serve users in Europe or California. GDPR needs opt-in consent. CCPA needs opt-out notices.

2. Can I use the same cookie banner for GDPR and CCPA?

Not always. Each law has different requirements. You might need a banner that changes based on the visitor's location.

3. What cookies need consent under GDPR?

Any cookies that are not “strictly necessary”, such as those for ads, analytics, or personalization need consent

4. What does “Do Not Sell My Personal Information” mean?

Under CCPA, this lets users stop a website from sharing or selling their data to others, especially for ads.

5. Can I be fined for not following cookie laws?

Yes. Both GDPR and CCPA have penalties. Even small websites can be held responsible.