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If you manage or own a website today, you have probably noticed a clear trend: users are asking more questions about their data. They want to know what cookies are being used, why those cookies exist, and what rights they have over the information collected from them. This shift is not accidental. It is the result of stronger privacy laws, increased public awareness, and a growing demand for transparency online.
Cookies were once considered simple technical tools. Today, they are widely recognized as data collection mechanisms that can track behavior, build user profiles, and share information with third parties. Because of this, privacy regulations such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) explicitly apply to cookie-related data.
This article explains, in detail, how organizations should handle user rights requests for cookies under GDPR and CCPA. Let’s dive in.
Cookies are small text files stored on a user’s device when they visit a website. They are essential for modern web functionality, enabling features such as:
From a legal perspective, cookies become regulated when they process personal data. Personal data includes information that identifies an individual directly or indirectly, like cookie identifiers, IP addresses, device IDs, and browsing patterns.
Because of this, GDPR and CCPA treat cookies as data collection tools that require clear user consent (in many cases), transparency, and the ability to respond to user rights requests. Not all cookies are equal under the law, which is why understanding cookie types is critical.
You might be wondering which cookies are actually used on most websites and why privacy laws treat them differently. Here’s a detailed breakdown:
Essential cookies are required for a website to function properly. They allow features like:
Since they are necessary for basic operations, these cookies generally do not require consent under GDPR. However, they must still be disclosed to users in a cookie policy.
Analytics cookies help website owners understand how users interact with their site. They track:
Even though analytics cookies may collect aggregated data, many use unique identifiers that make the data personal. Therefore, GDPR consent is usually required, and CCPA may also apply if the data can be linked to an individual.
Marketing cookies are used to track users across websites and serve personalized ads. They create user profiles and track behaviors across platforms.
Because of their profiling nature, these cookies are high-risk under GDPR and CCPA. Organizations must obtain explicit consent under GDPR and provide opt-out options under CCPA.
Example: A user visits an online store, sees ads on social media for items they viewed, and realizes their activity is being tracked across multiple sites. These tracking cookies are governed by strict rules.
Third-party cookies are set by external vendors such as:
These cookies introduce extra compliance challenges because data is shared outside the organization. While the third-party sets the cookie, the website owner remains responsible for compliance, including providing transparency and handling user requests.
GDPR applies to organizations processing personal data of individuals in the EU. Its framework focuses on user control, transparency, and accountability.
When cookies process personal data, the following rights apply:
Users must be informed about cookie usage before cookies are set. This typically happens via:
Information provided must include:
Users can request a copy of all personal data collected via cookies. Organizations must locate identifiers, logs, and analytics profiles and present the data in a readable format.
Users can request deletion of cookie-related personal data. Organizations must delete identifiers, logs, and profiles unless there is a legal retention requirement.
Consent for non-essential cookies must be revocable at any time. Users should be able to change cookie preferences easily via:
Users can request their personal data in a structured, machine-readable format. This includes cookie-based data collected via analytics and marketing platforms.
CCPA gives California consumers control over their personal information. Its approach differs slightly from GDPR, emphasizing transparency and opt-out rights over explicit consent for all cookies.
Consumers can request details on what cookie-related information is collected, why, and whether it’s shared or sold.
Consumers can request deletion of cookie-related personal information. Businesses must also coordinate with service providers and vendors to ensure complete deletion.
If cookies are used for targeted advertising, users must have the ability to opt out. This is commonly implemented via a “Do Not Sell or Share My Personal Information” link.
Businesses cannot penalize users for exercising privacy rights. This includes avoiding account restrictions or differential pricing based on consent choices.
Handling requests consistently is essential for compliance. Here’s a detailed workflow:
Requests may come via:
Ensure that contact information is easy to locate and process automated requests efficiently.
Confirm the requestor’s identity to prevent unauthorized access. Verification must balance security with minimal additional data collection.
Maintain a cookie inventory that tracks:
This inventory is critical for fulfilling access, deletion, and opt-out requests.
Depending on the user request, actions may include:
Delays can result in regulatory penalties, so a structured process is essential
Keep records of requests, actions, and timelines. Documentation is required for audits and to demonstrate compliance.
Manual cookie management is prone to errors. CMPs help automate consent collection, store preferences, and block non-essential cookies until consent is given.
Benefits include:
ConsentBit is a CMP that helps organizations stay compliant under GDPR and CCPA. Key features include:
Using ConsentBit reduces compliance risk, saves operational effort, and provides transparency to users.
Handling cookie requests is complex. Common challenges include:
Many cookies are pseudonymous. Mapping requests to the correct user profile is technically complex.
Third-party vendors often control the cookies, requiring agreements and coordinated actions.
Cookie data is often stored across analytics platforms, CRM systems, and marketing tools, making comprehensive deletion and access difficult.
Privacy laws evolve, and interpretations of cookie compliance change. Organizations must monitor legal updates and adjust policies accordingly.
Here are some best practices you can try for better compliance:
Regular audits ensure all cookies are identified, categorized, and documented.
Policies should explain cookie types, purposes, retention, and third-party involvement.
Make it easy for users to accept, reject, or withdraw consent. Preference centers are ideal for this.
Internal teams must understand GDPR and CCPA requirements, how to handle requests, and how to operate CMPs effectively.
Automated tools ensure accurate consent collection, logging, and blocking of non-essential cookies, reducing compliance risk and operational burden.
Handling cookie-related user rights requests is not a one-time task. It is a continuous process that involves:
With the right processes and tools like ConsentBit, organizations can meet GDPR and CCPA obligations while building user trust. For more information on how to handle users right requests for cookies or would like to grab more details on cookie consent management, do not hesitate to reach out to us today.