Could Your Website’s Cookies Create a Privacy Problem?

Most modern websites use tools such as cookies, analytics platforms, advertising pixels and other tracking technologies to better understand how visitors use a website. These are common, legitimate tools used every day by businesses to measure website performance, improve marketing and create better online experiences.

The issue is not simply that a website uses Google Analytics, advertising platforms or other tracking technology. Instead, a growing number of complaints are being based on how older privacy laws are being interpreted and applied to modern websites—particularly when certain tracking technologies begin collecting or sharing information before a visitor has been given an opportunity to consent.

This has created an unusual situation for businesses. Some individuals have been aggressively using these interpretations of California law to send demands to companies across the country, including businesses that may have little or no connection to California. The underlying legal theories remain an evolving area, and courts have not always agreed on how these laws should apply to ordinary website technologies.

In other words, businesses are not suddenly doing something unusual by using website analytics and marketing tools. These technologies have been commonplace for years. The concern is that certain individuals are taking advantage of uncertainty surrounding the way an older law is being applied to today's websites, creating potential headaches and expenses for otherwise legitimate businesses.

What Does This Mean for Your Website?

If your website uses Google Analytics, advertising platforms, tracking pixels or similar technologies, it may be worth taking another look at when those tools begin collecting information.

A traditional cookie notice that simply says something like, "This website uses cookies," may not provide the same level of protection as a consent system that allows visitors to make a choice before certain tracking technologies are activated.

One increasingly common approach is a cookie consent banner.

Unlike a basic notification banner, a properly configured cookie consent system can give visitors the opportunity to accept or decline certain types of website tracking. Depending on the configuration, analytics and advertising tools can be prevented from loading until the visitor has made a selection.

This type of opt-in approach can help address the specific concern being raised in these website privacy complaints: information being transmitted to third-party platforms before a visitor has actively made a choice. Fisher Phillips specifically identifies an opt-in consent mechanism as one proactive approach businesses may consider to reduce exposure to these types of claims.

Alt Media Studios Can Help

Alt Media Studios is now offering cookie consent banner implementation for our customers as an additional paid service.

Our team can review the tracking technologies currently installed on your website and implement a cookie consent solution designed to give visitors more control over how those technologies are used.

Depending on your website and its existing marketing tools, this may include:

Identifying common analytics, advertising and tracking technologies currently installed on the website
Adding a cookie consent banner
Providing visitors with options to accept or decline certain types of cookies
Configuring supported tracking tools so they do not activate until the appropriate consent is provided
Testing the implementation to make sure the consent system is functioning properly

It is important to understand that adding a cookie consent system does not mean your business was previously doing anything improper simply because it used analytics or advertising technology. Instead, this is a proactive response to a changing environment in which businesses are increasingly being challenged over how and when website tracking technologies operate.

Because privacy requirements and interpretations continue to evolve, no website technology can guarantee that a business will never receive a complaint or face a privacy-related issue. Businesses should consult their attorney regarding the specific privacy requirements that apply to their organization.

However, reviewing your website's tracking practices and implementing a meaningful cookie consent process can be an important and relatively straightforward step toward reducing unnecessary exposure.

Want Us to Review Your Website?

If Alt Media Studios manages your website and you would like us to evaluate your current setup or provide pricing for implementing a cookie consent banner, contact our team.

We can review your website, explain the options available and recommend an appropriate solution based on the tracking and marketing technologies your website currently uses.

As a Cleveland-based web development and digital marketing agency, Alt Media Studios helps businesses maintain and improve the technology behind their online presence—not just when a website is launched, but as the digital landscape continues to change.

This article is provided for general informational purposes and should not be considered legal advice. Businesses with questions about their specific privacy obligations should consult qualified legal counsel.