• General Data Protection Regulation (GDPR); and
• Dutch GDPR Implementation Act (Uitvoeringswet AVG).

Together, these laws establish the legal framework for how organisations collect, use, and safeguard personal data. Businesses operating in or targeting individuals in the Netherlands must ensure their data processing activities align with these requirements. A clear understanding of this regulatory framework is essential to ensure compliance and minimise legal risk in the Dutch market.

Understanding how these laws operate will help organisations avoid costly penalties while building trust with Dutch customers and partners.

What is the Netherlands Privacy Law (GDPR & Dutch UAVG)

Dutch privacy law sits at the intersection of European regulations and national statutes. The General Data Protection Regulation (GDPR) is the overarching EU law that directly applies to all member states. It sets out data protection principles such as lawfulness, transparency and accountability for processing personal data. 

In the Netherlands, the GDPR is implemented by the Dutch Implementation Act (Uitvoeringswet AVG or UAVG). The UAVG clarifies how specific GDPR provisions apply locally and introduces national rules where the GDPR allows flexibility. 

Several other statutes reinforce data privacy protection in the Netherlands.

• The Dutch Telecommunications Act implements the EU e‑Privacy Directive and regulates electronic communications, including the use of cookies.
• Sector‑specific laws like the Police Data Act, Judicial and Criminal Data Act, Intelligence and Security Services Act, Personal Records Database Act and Elections Act also set rules for sensitive contexts.

Together, these laws form a dense framework enforced by the Dutch Data Protection Authority (Autoriteit Persoonsgegevens or AP).

Who does the Dutch data protection act apply to

The Dutch data protection law applies to: 

• Controller or processor established in the Netherlands, regardless of where the processing takes place.
• Organisations not established in the EU that offer goods or services to individuals in the Netherlands or monitor their behaviour.

Are there any exemptions?

Yes. The Dutch GDPR Implementation Act allows exemptions for processing activities such as:

• Personal or household activities
• Personal information of deceased persons
• Certain journalistic or artistic purposes
• National security

What is personal data under the Dutch privacy law

The meaning of personal data under the Dutch UAVG is the same as the EU GDPR. It refers to any information that relates to an identified or identifiable living individual. In simple terms, if a piece of information can directly identify a person or can be combined with other information to identify them, it is personal data.

Note that identification does not require a name alone. A person may also be identifiable through details such as an online identifier, location data, or a unique number assigned to them. Even separate pieces of information that appear harmless on their own may qualify as personal data when combined.

Common examples of personal data include:

• Name and surname
  
• Home address
  
• Personal email address
  
• IP address
  
• Identification numbers such as the burgerservicenummer (BSN),
  
• Cookie identifiers

Importantly, data that has been pseudonymised or encrypted but can still be traced back to a person remains personal data under the Dutch data protection rules. The law looks at whether re-identification is possible, not just whether the information is masked.

By contrast, information is not considered personal data if it does not relate to an identifiable individual. For example, A company registration number.

What are the cookie consent requirements in the Netherlands

In November 2025, the Data Protection Agency updated Dutch cookie banner guidelines. Let’s review the key requirements.

When is cookie consent required?

Opt-in consent is required for non-essential cookies such as tracking or marketing cookies that monitor user behaviour, build profiles, or deliver targeted advertising.

Tracking cookies often involve the processing of personal data and therefore trigger GDPR obligations in addition to national cookie rules.

In such cases, cookies may only be placed after the user has actively agreed. Prior consent is mandatory.

The Dutch Data Protection Authority and the Authority for Consumers and Markets (ACM) monitor cookie compliance. They review thousands of websites annually and have stepped up enforcement, issuing warnings and fines. Businesses should therefore implement robust consent management tools and design their banners to encourage informed choices.

When is consent not required?

Consent is not required for certain strictly necessary cookies, such as:

• Functional cookies that ensure the website operates properly, for example, remembering shopping cart items.
  
• A/B testing cookies used to assess website effectiveness.
  
• Certain affiliate or performance cookies that measure advertising impact.

If you’re creating a cookie banner for Dutch visitors to your site, you should use the GDPR template, as it’s the most appropriate option.

Information that must be provided

Before obtaining consent, website operators must clearly inform users about:

• What data is collected
  
• The purpose of each category of cookies
  
• How long will the data be stored
  
• Whether data is shared with third parties
  
• Any other information necessary to understand how personal data is processed

This information is typically provided through a cookie banner and a detailed cookie statement or cookie policy.

Also, website operators must be able to demonstrate that valid consent was obtained. Maintaining consent logs will help you comply with this.

Lastly, make it easy for users to revisit their cookie choices or withdraw consent. Enable the Revisit Consent Button on your CookieYes dashboard to display a cookie preference widget where users can quickly review and update their consent settings.

Business obligations under the Dutch data protection law

The GDPR and the Dutch UAVG require organisations to implement a comprehensive privacy management programme. Following these requirements will help ensure compliance with Dutch data protection law.

Privacy by design and default

Data protection must be built into products and services from the outset. The UAVG emphasises privacy by design and default, requiring organisations to integrate data protection measures into their systems and processes. 

For example, systems should collect the minimum necessary data and use anonymisation or pseudonymisation whenever possible.

Process data lawfully, fairly and transparently

Every data processing activity must be based on a valid legal ground under Article 6 GDPR, such as:

• Consent
• Performance of a contract
• Compliance with a legal obligation
• Legitimate interests
• Protection of vital interests
• Performance of a public task. 

So, if you are subject to Dutch GDPR, you must be able to identify and document the chosen legal basis before processing begins.

Transparency is equally important. Individuals must be clearly informed, in plain language, about how their data is collected, used, and shared. Hidden or vague practices are not compliant.

Purpose limitation

Personal data must be collected for a specific purpose. Such a purpose must be communicated to individuals. Data cannot later be reused for unrelated objectives unless a new legal basis applies.

For example, customer data collected to fulfil an order cannot automatically be used for marketing without proper justification.

Data minimisation

Organisations should only collect data that is necessary for the intended purpose. Excessive data collection could expose businesses to regulatory scrutiny.

Data accuracy

Businesses must take reasonable steps to ensure personal data is accurate. Inaccurate or outdated data must be corrected or deleted without undue delay.

This is particularly relevant in sectors such as finance, employment, and healthcare, where incorrect data can have serious consequences.

Storage limitation

Personal data must not be retained indefinitely. Retention periods should be defined and documented. Once the purpose expires, the data must be securely deleted or anonymised.

Transparency requirements

Use your privacy policy to clearly explain how and why you process customers’ personal data. At a minimum, it should include:

• Your organisation’s name and contact details
• The purposes for collecting and using personal data
• The legal basis for processing (where applicable)
• Who the data is shared with, including third-party service providers
• Whether data is transferred outside the EU/EEA and the safeguards used
• How long the data is retained, or how retention periods are determined
• The individual’s data protection rights and how they can exercise them
• The right to withdraw consent at any time, where consent is relied upon
• The right to lodge a complaint with a supervisory authority
• Whether providing personal data is mandatory or optional, and the consequences of not providing it
• Whether automated decision-making or profiling is used, and its potential impact on individuals

If your website uses cookies, you should also publish a cookie policy explaining what cookies are used, why they are used, and how users can manage their preferences.

Appointing a Data Protection Officer (DPO)

You need to appoint a DPO if your organisation’s core activities involve large‑scale monitoring or processing of special categories of data or criminal data. The UAVG also requires organisations to register their DPO online with the AP. 

Data Protection Impact Assessments (DPIAs)

A Data Protection Impact Assessment is mandatory when processing is likely to pose a high privacy risk, such as systematic profiling, large‑scale processing of special or criminal data, or extensive camera surveillance. DPIAs help organisations identify risks and design appropriate safeguards.

Data breach notification

If a personal data breach occurs, the controller must notify the AP without undue delay and, where feasible, within 72 hours. Notification is not required if the breach is unlikely to pose a risk to individuals’ rights and freedoms. When the breach is likely to result in a high risk (e.g., potential discrimination, fraud or identity theft), affected individuals must also be informed.

Respect data subject rights

Under the GDPR and UAVG, individuals have extensive rights, including the rights to information, access, rectification, erasure (“right to be forgotten”), restriction, data portability and the right to object.

Organizations should offer easy ways for data subjects to exercise their rights and must respond to requests quickly.

Transfers of personal data

Transfers within the EU/EEA are treated as domestic transfers, but sending data to a third country requires an adequacy decision, standard contractual clauses, binding corporate rules or other authorised safeguards. Other grounds include transfers based on explicit consent or necessity for contract performance.

Data security requirements

Organisations must implement appropriate technical and organisational measures to protect personal data. This includes access controls, encryption where appropriate, secure storage, internal policies, and staff training.

The level of security should reflect the sensitivity of the data and the risks involved. The Dutch Data Protection Authority expects businesses to actively assess and update their safeguards.

Fines and penalties

The Dutch Data Protection Authority (AP) has significant enforcement powers, and fines can be severe:

• GDPR infringements: For serious violations, the AP can impose administrative fines up to €20 million or 4 % of annual global turnover, whichever is higher. There is also a lower tier of fines up to €10 million or 2 % of global turnover for less serious infringements.
  
• Orders and reprimands: Beyond monetary fines, the AP can issue orders for incremental penalty payments, processing prohibitions, reprimands or warnings. These sanctions may require organisations to halt certain processing activities until they become compliant.
  

Recent enforcement demonstrates the AP’s willingness to act. Notable fines include a €600,000 penalty against A.S. Watson for unauthorised tracking cookies and a €40,000 fine against Coolblue for inadequate cookie banners. Organisations should therefore treat cookie compliance as seriously as other aspects of data protection.

FAQ on Netherlands privacy law

The post Netherlands Data Privacy Law: Cookie Consent + Business Obligations appeared first on CookieYes.

Terms and Conditions vs Terms of Service vs Terms of Use: What do they mean?

Terms and Conditions (T&C), Terms of Service (ToS) and Terms of Use (ToU) usually refer to the same legal document. In most cases, they contain the same clauses and serve the same purpose: to define how a website or service can be used, what is restricted, and how legal responsibilities are handled.

The difference lies mainly in how businesses choose to label the agreement, not in how it functions. Search behaviour, industry norms, and regional preferences also influence which title is used.

These agreements almost always include the same core clauses, such as:

• acceptable and prohibited use
• account rules
• payments and subscriptions (if applicable)
• intellectual property rights
• disclaimers and limitation of liability
• termination and suspension
• governing law and dispute resolution

What matters from a legal and practical standpoint is the substance of the document, not its label. Whether you call it Terms and Conditions, Terms of Use, or Terms of Service, the agreement should clearly define user rights and responsibilities and explain how the relationship between you and your users works.

Does it matter what I call my Terms and Conditions?

Laws do not differentiate between Terms and Conditions, Terms of Service and Terms of Use. Both refer to agreements that a user must accept to use a service or purchase goods.

Let’s see some examples:

• Apple Media Services names it Terms and Conditions.
  
• Walmart prefers Terms of Use.

Many businesses use other titles for the same type of agreement, such as Terms of Service or User Agreement. For example, Open VPN  and Facebook call it Terms of Service, while LinkedIn and Reddit prefer the title User Agreement.

So, whatever name you pick, keep it consistent across your website, mobile app and legal notices.

Why you need terms regardless of its name

Here are the top 4 reasons why you need Terms and Conditions:

1. Legal protection and enforceability

A clear set of terms helps limit your legal exposure. By outlining what you promise and what you do not promise, and by including warranty dis­claimers, liability limitations and governing law clauses, you reduce your risk of lawsuits.

Courts may consider these contracts legally binding if users agree to them and the terms are fair and reasonable. By using an explicit consent mechanism, often called clickwrap, where users must tick a box or click “I agree” , you can strengthen its enforceability.

2. Managing expectations and preventing disputes

Your ToS, ToU or T&C set expectations for how the service works and how users should behave. They cover everything from payment methods and subscription renewal to user conduct and community guidelines. Clear rules help prevent misunderstandings and reduce the likelihood of disputes, such as chargebacks or complaints about service interruptions.

3. Protecting intellectual property and content

If your site or app contains original content, software or branding, your agreement could protect your intellectual property. It can grant a limited licence for personal use while prohibiting copying, modification or redistribution. 

4. Building trust and transparency

Even if terms and conditions are not legally required for all websites, having one demonstrates transparency and professionalism. Using plain language and explaining how you collect and use personal data can build trust. This is especially important if you process personal information and need to comply with privacy and cookie regulations.

Are Terms and Conditions legally binding?

Yes, Terms can be enforceable. In most cases, agreeing via clickwrap or a similar method would count as acceptance. However, the agreement must be accessible, understandable, fair and lawful.

Can Terms and Conditions protect a company?

Yes, Terms and Conditions can protect a company.

They help set clear rules for how users can use your website or service, limit your liability, and explain what happens if someone misuses your platform. Well-written T&Cs can also support your business in disputes by showing what users agreed to before using your product.

Key clauses for Terms of Conditions vs Terms of Use vs Terms of Service

Below are the core sections you might include in your terms. Check out the Terms and Conditions Template for a detailed look.

• Introduction and User eligibility: Identify your business, describe the purpose of the agreement and explain who can use your service. You may specify a minimum age (e.g., 18 years) or require parental consent for minors.
• Account registration and security: If your service requires accounts, describe how to register, the need for accurate information, and the user’s responsibility for safeguarding login credentials.
• User conduct and prohibited activities: Set expectations for how users should behave. List prohibited activities such as spamming, hacking, and posting illegal or offensive content.
• Payment, pricing and refunds: If you sell products or subscriptions, outline payment methods, billing cycles, taxes, refund conditions and how customers can cancel.
• Intellectual property rights: Assert ownership of your content, software and branding. Grant users a limited licence for personal, non‑commercial use and prohibit copying, modification or resale.
• Privacy and data protection: Reference your privacy and cookie policies. Explain what personal data you collect, why you collect it and how users can manage their preferences.
• Disclaimers and liability limits: Provide your service “as is” and clarify that you do not guarantee uninterrupted, error‑free access.
• Indemnification: State that users are responsible for compensating your business for losses or claims arising from their misuse of your service or violation of the terms.
• Governing law and dispute resolution: Specify which jurisdiction’s laws apply to the agreement and whether disputes will be resolved through courts, arbitration or mediation. Some businesses also include class‑action waivers or time limits for bringing claims.
• Modifications: Explain that you may update the terms and how you will notify users. Include an effective date and keep an archive of prior versions to maintain transparency.
• Termination: Describe situations where you may suspend or terminate a user’s account and how users can close their account.

How to write clear and user-friendly T&C vs ToS vs ToU?

Follow this checklist to write a user-friendly T&C that is also likely enforceable in courts:

• Write in plain language: Avoid dense legal jargon. Use short sentences and layman words so that non‑lawyers can understand. Provide definitions or a glossary for any technical terms.
  
• Be transparent: Explain what you collect, what you do with it and why. Don’t hide important information in fine print.
  
• Use a clear consent mechanism: Make users actively agree to your terms through a checkbox or button. Place links to your terms near the consent option and ensure the document is easy to access.
  
• Keep it current: Review your terms regularly. Update them when your business model changes, when you launch new features or when laws change.
  
• Coordinate with your privacy policy: Your terms should complement, not contradict, your privacy and cookie policies. Ensure these documents are consistent and easy to navigate.
  
• Consider local law: If you operate globally, provide region‑specific notices or adaptations. In some jurisdictions, you may need to translate your terms or obtain additional consents.

Where should you post your Terms?

To be effective and enforceable, your Terms and Conditions should be placed where users can easily find them before and during use of your website or service.

Website footer

Most websites link their Terms in the footer. This ensures the document is accessible from every page and meets basic visibility expectations.

Netflix links its Terms of Use in the footer of its website.

Signup and registration pages

If users create accounts, it’s best to link your Terms near the signup button. Many businesses also ask users to confirm they’ve read and agreed to the Terms during registration.

Threads links its terms on the login panel (see the bottom).

Similarly, the Bank of US asks you to accept the Terms and Conditions before registering for its internet banking services.

Checkout and payment pages

For ecommerce or subscription services, your Terms should be linked during checkout. This helps set clear expectations before a transaction is completed.

In-app or account settings

For apps and SaaS platforms, Terms are commonly available within account settings or onboarding screens so users can review them at any time.

This snippet from the Reddit menu shows the User Agreement being displayed.

Anywhere acceptance is required

If your Terms are legally binding, users should have a reasonable opportunity to review them before accepting. Linking them wherever consent is collected helps support enforceability.

Are ToS and EULA the same?

Terms and Conditions (T&C) or Terms of Service apply broadly to how users interact with a website, app, or service. They set the overall rules for use, define acceptable behaviour, explain payment and account terms, and outline dispute resolution and liability limits. T&C are commonly used by websites, SaaS platforms, and online services.

A End User License Agreement (EULA) is more specific. It governs the use of licensed software and explains how the software may be installed, accessed, and used. EULAs focus on licensing rights, usage restrictions, intellectual property ownership, and limitations on copying, modifying, or redistributing the software.

In short:

• T&C cover the relationship between a business and its users as a whole.
• EULA focuses specifically on software licensing and usage rights.

Many digital products use both Terms and Conditions for the service overall, and an EULA for the software component.

For example, Apple has both an EULA and Terms & Conditions page.

Conclusion: What should you call your agreement?

T&C, ToU and ToS are widely used interchangeably in practice. The difference is not legal, but contextual. The name you choose usually depends on how your business operates and how you want users to perceive the agreement.

• Many businesses prefer Terms and Conditions because it is familiar and widely understood across regions.
• Terms of Service may feel more appropriate for software platforms or subscription-based services, while Terms of Use often suits content-focused websites.

Regardless of the title, what matters most is that the agreement clearly explains user rights, responsibilities, and limitations and is presented in a way that users can reasonably agree to.

By using simple language, tailoring your clauses to your business and region, and keeping the document up to date, you can create a legally sound agreement that builds trust and safeguards your company.

If you’re unsure where to start, a terms and conditions generator or sample can be a helpful starting point, but always review the document to confirm it fits your unique situation and, if needed, seek professional legal advice.

FAQs on Terms and Conditions vs Terms of Service vs Terms of Use

The post Terms and Conditions vs Terms of Service vs Terms of Use appeared first on CookieYes.

In this guide, you’ll find a clear breakdown of common clauses found in a Terms and Conditions template, along with practical examples you can adapt for your website or app. Whether you’re looking for a website Terms and Conditions template, a Terms of Service template for SaaS, or a starting point for creating your own custom terms, this article walks you through what to include and how to tailor it to your business needs.

What are Terms and Conditions (T&Cs)?

Terms and Conditions (T&C) define the legal framework governing the use of your website or application. They establish clear expectations between you and your users by setting out the rules and limitations that apply when using your services.

Typically, a Terms and Conditions template covers:

• Permitted and prohibited uses: Outlines acceptable user behavior and activities that are not allowed
  
• Owner rights: includes intellectual property ownership and usage restrictions
  
• Payment and refund terms: Applicable where products or services are sold
  
• Account management: Rules for account creation, use, suspension, and termination
  
• Dispute resolution: Procedures for handling disputes, including governing law and jurisdiction

It is important to distinguish Terms and Conditions from a privacy policy. While a privacy policy explains how personal data is collected, used, and protected, Terms and Conditions regulate how users interact with your website or service.

If your website processes personal data or uses cookies, you are legally required to have a privacy policy and, where applicable, a cookie policy. A T&C, on the other hand, focuses on usage rules, legal rights, and responsibilities.

Do you need Terms and Conditions?

The General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA/CPRA) and similar laws mandate privacy disclosures, not T&C. Therefore, publishing Terms and Conditions on your website is not a legal requirement.

However, these are strong reasons why you need Terms and Conditions:

• Limit your liability: Disclaimers and limitation of liability clauses protect you from claims related to service outages or user misuse.
  
• Protect intellectual property: It’s where you assert ownership of content, logos, code and trademarks, stopping others from copying or republishing your work.
  
• Set expectations: Clear rules on payments, refunds, user behaviour and account termination reduce confusion and help you manage disputes.
  
• Comply with consumer laws: E‑commerce directives and local consumer protection rules require you to disclose pricing, delivery terms, returns and warranties before a sale. A T&C agreement is the ideal place to compile these disclosures.
  
• Enhance trust: A well‑written T&C shows that you take your business seriously. It reassures customers that you operate transparently and responsibly.

Sample Terms and Conditions Template: Essential clauses for your T&C

The exact content of a T&C template depends on your business model, but these clauses form the backbone of most Terms and Conditions/ Terms of Service/ Terms of Use.

Introduction

Start the T&C by identifying your company and the specific website or application covered by the agreement. Here, you can also explain that by accessing or using your service, the user accepts these terms (Browsewrap consent). 

It is advisable to include the effective date and any minimum age requirements to ensure the contract is legally binding from the outset. 

Spotify T&C‘s Introduction section is a good reference because it covers essential points in a concise way. It clearly defines the scope of the service, including its websites, applications, and content. 

Spotify also includes minimum age/ eligibility requirements upfront. 

Definitions

Since Terms and Conditions are legal documents, they often include words or phrases that may not be familiar to all users. To reduce confusion and avoid misinterpretation, include a definitions section that explains how certain terms are used within the document.

This section helps ensure that key words have a clear and consistent meaning throughout your Terms. Ahrefs shows how defining commonly used terms upfront can make the agreement easier to understand while reducing ambiguity.

Eligibility and age requirements

Once the scope of the agreement is clear, the next step is to define who can use your service. If your service is intended only for adults, specify the minimum age, such as 18 years old. Where minors are allowed, clarify that parental or guardian consent is required. 

Many large platforms handle this section in a straightforward way. For example, Facebook’s Terms and Conditions define who can create an account along with user responsibilities.

Facebook also clearly lists who cannot use the service. This includes users below the minimum age requirement, previously disabled account users, and those legally restricted from accessing the service. 

By stating these conditions upfront, Facebook reduces misuse and sets enforceable boundaries for its community.

Permitted and prohibited use

This section explains how users may interact with your service and, just as importantly, what they must not do. You can outline permitted actions such as browsing, registering an account, or purchasing products, and then list prohibited behaviours. 

Common examples include: spamming, hacking, malware, infringing intellectual property, unlawful content, harassing, or attempting to bypass security measures. Tailoring these rules to your industry helps remove ambiguity and sets clear boundaries.

Here is how Netflix T&C does this:

Clause 4.6 lists the restrictions. It explicitly prohibits actions such as copying or redistributing content, bypassing content protection measures and using automated tools. T&C also prohibits using the service for unlawful activities or misuse of emerging technologies, including automated systems and machine learning tools.

Account registration and security

If users can create accounts, outline the registration process and their obligations. Mention that users must provide accurate and up‑to‑date information, keep passwords confidential and inform you promptly of any unauthorised access. 

It’s also important to state that users are responsible for all activity conducted under their account. Here is an example from Etsy’s T&C.

Payment, pricing and subscription terms

If you offer paid services or subscriptions, your terms of service template should specify accepted payment methods, pricing structures, billing intervals, tax obligations, auto‑renewal conditions, etc.

This includes how and when charges will appear, how to update payment details, and under what circumstances you may refuse or cancel orders. 

Here, you should also outline procedures for renewing or cancelling subscriptions and note whether fees are refundable. Refer to this example from Spotify.

Here is another example from Birkenstock:

Returns, refunds and cancellations

This section of your T&C template summarises the refund and return policy, including any deadlines, conditions and exceptions. Distinguish between physical goods and digital services; for digital subscriptions, clarify if partial refunds or credits are available. Even if you maintain a separate refund policy page, referencing it here makes the information easier to find.

Intellectual property rights (IP rights)

Clarify that your site’s content including text, images, logos and design, is your property protected by copyright, trademark and other IP laws.

You may grant users a limited licence for personal, non‑commercial use and prohibit copying, modifying, or selling content without permission. Acknowledge that your trademarks and service marks are proprietary.

Here’s an example of how it is handled in practice.

CapCut’s T&C clearly state that all elements of the service, including the platform, software, design, and company-provided content, are protected by IP laws.

User‑generated content and licence

If you allow user submissions (comments, reviews, posts), define the rights and responsibilities associated with that content.

You may add that, by submitting content, users permit you to run and promote your service, for example, by displaying or sharing it within your platform. It’s also standard practice to reserve the right to review, edit, or remove user content if it violates your terms or applicable laws.

Checkout this example from Titkot T&C.

Third‑Party services and links

Note that your service may integrate payment processors, analytics tools or social logins and may link to external sites. It is also better to clarify that these third parties operate independently and have their own terms and privacy policies. You may advise users that they access third‑party services at their own risk and that you are not liable for any loss or damage arising from such use.

Here is another example from TikTok Terms and Conditions.

Privacy, cookies and data protection

Most data protection laws today expect websites to clearly explain how personal data is handled and how cookies are used. Instead of repeating all those details, it’s common to link T&Cs to Privacy Policy and Cookie Policy.

In your Terms and Conditions document, you can state that personal data is processed in line with your privacy and cookie policies. You can also mention that cookies or similar technologies are used to improve functionality, measure performance, and support marketing. Linking to these policies helps keep things clear and allows users to better understand how they can manage their preferences.

Here is how Spotify links its privacy policy along with other legal documents.

CookieYes T&C links its privacy policy in the introduction and then refers to it in the data protection clause (See 12.4).

Disclaimers and warranties

The disclaimer clause sets realistic expectations about how your service works and what users can reasonably rely on.

In simple terms, it explains that your service is provided “as is” and “as available,” without guaranteeing uninterrupted access or error-free performance. For websites that show user-generated or third-party content, this section also clarifies that you’re not responsible for the accuracy or reliability of that information.

The scope and wording of this clause can vary depending on the type of website you run. As with all sections of your Terms and Conditions, the key is to keep it aligned with how your service actually operates and what users should reasonably expect.

Below is an example from Amazon T&C:

Here is another, more elaborate example from Microsoft T&C .

Limitation of liability

Another key clause of any T&C template is the limitation of liability clause. This is where you define how far your legal responsibility extends if something goes wrong while using your service.

In practice, it allows you to explain that your business is not responsible for indirect or unexpected losses, such as incidental or consequential damages. At the same time, it’s important to acknowledge that these limitations can’t apply in every situation. Some laws restrict how much liability can be excluded.

Below is Birkenstock’s Liability clause:

TikTok’s liability clause is more detailed and tailored to its business needs.

Indemnification

This is where you define when users are responsible for compensating your business for losses. It typically explains that users must cover claims, damages, or costs, including legal fees, that arise from their misuse of the service, violations of the Terms, or infringement of third-party rights.

The purpose of the indemnity clause is to ensure that liability rests with the user whose actions caused the harm, rather than with the platform itself.

See this example from Etsy’s T&C template:

Governing law and dispute resolution

You should also specify which jurisdiction’s laws govern the agreement. This often includes whether disagreements must be resolved through local courts, arbitration, or mediation.

Some businesses also use this clause to address class-action waivers or set reasonable time limits for bringing claims, as long as these terms comply with applicable consumer protection laws and do not unfairly limit user rights.

The following example from Spotify Terms and Conditions shows how this can be typically structured in practice.

Modifications to Terms

Add a clause reserving the right to update your Terms and Conditions over time. This section typically explains that changes may be made when needed and describes how users will be informed of important updates, for example, through email notifications, notices on the website, or in-app messages.

Clause 13 of Etsy’s T&C presents this information this way:

Display the Effective Date at the top of the document and maintain a record of previous versions (optional) so users can see what has changed.

Termination and suspension

Set out the circumstances under which you may suspend or terminate user accounts. If you provide grace periods or warnings before termination, describe the process.

To see how this works in a real-world agreement, consider the following example from Spotify.

Severability and entire agreement

Include a severability clause stating that if any provision is deemed invalid or unenforceable, the remaining provisions remain in effect. Confirm that these terms constitute the entire agreement between you and the user concerning the service and supersede any prior agreements or communications.

Terms on JP Morgan is shown here as an example:

Assignment and transfer of rights

Indicate that you may assign or transfer your rights and obligations under the agreement in connection with a merger, acquisition or sale. State that users may not assign their rights or delegate their obligations without your prior written consent. This ensures continuity if ownership changes.

Force majeure

Define events beyond your control, such as natural disasters or war, that may prevent performance.

No waiver

Most Terms and Conditions include a clause to clarify that a delay or failure to enforce any part of the agreement does not amount to a waiver of that right. This helps prevent misunderstandings where a provision is not applied immediately or consistently.

No Agency or Partnership

Clarify that the agreement does not create a partnership, joint venture, employment or agency relationship between you and the user. Users do not have the authority to bind or represent your company, and vice versa. This clause is especially important for platforms that allow user‑generated content or peer‑to‑peer interactions, as it distinguishes the service provider from the actions of its users.

Look at this example from Etsy.

Feedback and submissions

If users provide feedback, ideas or suggestions about your service, you could specify how you handle those submissions. A typical clause states that users grant you a non‑exclusive, royalty‑free, perpetual and irrevocable licence to use, modify and incorporate their feedback without compensation.

Contact information

Conclude with a section explaining how users can contact you with questions, complaints or legal notices. Provide a support email, a mailing address and, if relevant, other communication channels. Note which method should be used for official notices and set expectations for response times if necessary.

How do I write my terms and conditions?

We understand that writing legal documents is not an easy task, but following a few best practices makes the process of writing a T&C manageable:

• Use clear, plain language: Avoid legal jargon. If users understand your terms, courts are more likely to enforce them.
  
• Reflect your brand voice: The tone of your T&C should match the tone of your website. An approachable, conversational style can reduce friction and build rapport with customers.
  
• Tailor the content to your business: Don’t copy another site’s terms. A generic template may miss critical details unique to your service or industry.
  
• Ensure visibility and consent: Link your T&C in your footer, sign‑up forms, checkout pages and any place where users interact with your service. Use browsewrap (implied by use) and clickwrap (a checkbox or button) methods to obtain consent.
  
• Review local laws: If you serve customers in multiple regions, account for e‑commerce rules, consumer protection statutes and privacy laws in those jurisdictions.
  
• Update regularly: Revise your terms whenever you introduce new features, adjust pricing, expand into new markets or when laws change. A review every 6–12 months is a good practice.
  
• Seek legal advice when needed: Especially if you operate in a regulated industry (e.g., finance, healthcare) or target minors, consult an attorney to ensure compliance with specific laws.

Where should you display your Terms and Conditions?

Your Terms and Conditions should be easy to find, easy to access, and available before a user takes any action that creates a legal relationship with your business.

• Place in the website footer, alongside links to the privacy policy and cookie policy.
• If your site involves account creation, subscriptions, payments, or downloads, it should also be linked directly at the point of sign-up or checkout.
• For SaaS platforms and apps, surface the Terms during onboarding, trial activation, or subscription upgrades before accessing paid features.
• Mobile apps usually include the Terms within the app store listing and inside the app’s settings or legal section.

The key principle is consistency: users should be able to access your Terms before agreeing to them, and again later if they want to review what they accepted. Hiding Terms behind multiple clicks or placing them only after a transaction increases legal risk and weakens enforceability.

What are examples of Terms and Conditions? (Terms of Service examples)

Here are some more real-life examples of Terms and Conditions:

CookieYes Terms and Conditions

The CookieYes T&C document sets out a comprehensive contractual framework for using our subscription-based services. It covers core elements such as service scope and availability, licensing rights and restrictions, intellectual property ownership, fees and billing, trial-to-paid conversion, termination rights, and limitation of liability.

It also has clauses on data protection (with a linked DPA), confidentiality, warranties, indemnities, force majeure, and governing law, along with clear definitions and consent hierarchy across related policies.

AirBnb

Airbnb’s Terms and Conditions govern the use of its platform by guests, hosts, and users, outlining account registration, booking and payment processes, cancellations and refunds, user conduct, and platform rules.

The terms include detailed liability limitations, indemnity obligations, dispute resolution mechanisms (including arbitration and class action waivers in certain regions), intellectual property rights, and content usage rights. They also address trust and safety, host and guest responsibilities, and jurisdiction-specific provisions to reflect Airbnb’s global operations.

Apple

Apple’s Website T&C govern how visitors may access and use apple.com and its related regional sites. They focus heavily on intellectual property ownership and permitted use of site content.

The terms also address account security for site features, links to third-party sites, broad warranty disclaimers, limitation of liability, and an indemnity clause for claims arising from a user’s actions.

How to make your Terms and Conditions enforceable?

A Terms and Conditions page protects you best when users can’t say they never saw it.

Here’s what works:

• Put it in your website footer
• Add it to signup forms and checkout pages with a checkbox for clickwrap consent
• Use clickwrap over browsewrap consent
• Keep language clear without unnecessary jargon
• Ensure reasonableness and fairness

FAQ on terms and conditions template

The post Free Terms and Conditions Template: Guide with 13 Real Examples appeared first on CookieYes.

• Branded colours and buttons
• Custom stylings or cookie messages
• Cookie-category toggles for granular control
• Multilingual banners for local audiences
• Policy links 
• “Do not sell” link for easy opt-out

In this blog, we’ll break down 10 real CookieYes banner examples from well-known brands, and highlight the exact features they use, so you can understand what works, why it works, and how to set up a similar banner on your own site.

You don’t need custom development or complicated design work to get a banner like this. With CookieYes, you can build these same banner elements directly from the dashboard step by step, so your consent experience looks professional, feels trustworthy, and stays aligned with your brand.

Famous brands using CookieYes and what you can learn from them

Since the late 2010s, data privacy has transformed into a trust touchpoint. In other words, the way you ask for cookie consent should feel on-brand, stay intuitive, and still give users real control over their choices.

That’s why we’ve picked a few standout examples of brands using CookieYes cookie banners in smart, user-friendly ways. From custom colours and clear Accept/Reject buttons to multilingual banners and policy links, these designs show how cookie consent can be both compliant and conversion-friendly.

If any of these banner styles inspire you, you can explore them yourself. Don’t worry! We’ll also show how similar setups can be created inside CookieYes.

Why big brands choose CookieYes for cookie banners

Before we jump into examples, here’s what enterprise-grade consent banners typically need. CookieYes helps brands deliver all of that without needing a custom CMP build from scratch

• Branded design (fonts, colours, logo)
• Clear accept/reject options
• Reliable cookie preference centre
• Policy links
• Geo-based compliance readiness (GDPR, ePrivacy, etc.)
• Multi-language support
• Auto-cookie scans
• Incredible tech-support
• Consent mode implementation
• Easy implementation without slowing down the site
• Auto-generated banners

Ahrefs (SEO tool & marketing intelligence platform)

What Ahrefs does?

Ahrefs is a globally trusted SEO platform used by marketers, agencies, and businesses to research keywords, analyse competitors, and grow organic traffic.

How Ahrefs uses a CookieYes banner

Ahrefs keeps its cookie banner clean, brand-aligned, and GDPR-ready, without turning it into a cluttered pop-up.

It uses custom colours for the button to match the site branding and has clear Accept all, Customise, and Reject buttons. Ahrefs has kept its cookie message short and easy-to-understand. The layout used is Box.

This is a great example of how a banner can feel both professional and user-respecting, while still being easy to navigate.

How can you recreate this using CookieYes?

Looks like something your website needs? Then, follow this path within your CookieYes dashboard:

This way, you can easily create a cookie banner on your website that is unique and custom-made for your website.

HugeDomains (Domain marketplace)

What HugeDomains does

HugeDomains is a large domain marketplace where users can buy domain names across categories and industries.

How HugeDomains uses a CookieYes banner

The website keeps its banner visually simple, but with highly thoughtful interaction design.

It uses our GDPR template and keeps things on-brand with a custom green colour, so the banner blends naturally into the website instead of looking like a generic pop-up.

What’s especially notable is the Customise button. It comes with a small dropdown-style icon, which instantly signals that there are more options available.

And when the visitor clicks Customise, the layout gently rearranges itself: the main buttons shift up to the top-right, while a clear Save my preferences option stays visible in the bottom-right. 

How can you recreate this using CookieYes?

If you like this style, you can recreate it inside CookieYes in just a few clicks.

And if you’re in the mood to explore, experiment with other layouts like a sidebar preference centre or a box-style notice, similar to the Ahrefs banner.

It’s a subtle change, but it makes the whole interaction feel more intuitive, because users always know what to do next, without having to hunt for the final action.

Domino’s (Food delivery & restaurant brand)

What Domino’s does

Domino’s is one of the world’s most recognisable pizza brands, and its Greece website serves customers with local ordering and delivery.

How Domino’s uses a CookieYes banner

The Domino’s Greece banner is a great example of localisation done right:

• The banner appears in Greek
• It follows a GDPR banner format
• The experience feels built for real users in that region and not like a generic global template

This matters because multilingual consent isn’t just about convenience; rather, it supports clearer consent collection by ensuring users understand what they’re agreeing to. The multi-lingual and auto-translation feature on CookieYes makes this effortlessly possible.

How can you recreate this using CookieYes?

If your visitors come from different regions, a single-language banner could reduce clarity. CookieYes helps you display a banner in the language that fits your audience.

Start by logging in/signing up to your CookieYes account. From the top menu, click Languages, and then hit the Add Language button.

CookieYes lets you choose from 175+ languages, so you can easily match the banner language to your audience. Just select the language(s) you want (for example, Greek, Lithuanian, Spanish, etc.) and click Add.

Once your languages are added, you can decide which one should appear as the default banner language. Simply click the three-dot (⋯) menu next to the language and choose Set as Default.

VERO MODA (Global fashion retail brand)

What VERO MODA does

VERO MODA is a global fashion brand known for accessible, trend-driven clothing across multiple regions.

How VERO MODA uses a CookieYes banner

VERO MODA’s cookie banner looks clean, stylish, and user-friendly. Instead of using the default wording, they renamed the button to Cookie settings, which feels clearer and more natural than “Customise,” especially for everyday shoppers.

Their cookie message includes a scroll so the text stays readable without turning the banner into a wall of content, and they also include key links like the cookie policy, privacy policy, and Google’s privacy and terms right inside the banner for transparency. And, the preference centre is aligned to the left.

What really earns trust, though, is the design balance. Both Accept and Reject buttons are styled equally in black, so users don’t feel pushed into one choice.

How can you recreate this using CookieYes?

If you want this same premium feel, CookieYes lets you rename buttons, add policy links, and customise colours from one place, so your banner can look intentional instead of templated.

They use custom CSS for the scroll.

You can copy-paste this code for your banner:

.cky-notice-des {
 height: 100px;
 overflow-y: scroll;
}

Now, for the exact banner alignment, choose Banner (Bottom alignment) for Cookie notice and Sidebar Preference centre.

MINISO (Retail & lifestyle products)

What MINISO Lithuania does

MINISO is a global retail brand known for lifestyle products, accessories, and affordable everyday essentials. Its Lithuania site serves local shoppers with a region-friendly experience.

How MINISO uses a CookieYes banner

MINISO’s banner shows two powerful trust signals in seconds:

• The banner appears in Lithuanian, supporting local clarity
• A red custom button to match brand identity and create visual consistency

How can you recreate this using CookieYes?

The banner layout used by MINISO in this example is a box style aligned to the bottom-left for the cookie notice. The preference centre is centre-aligned. Here is the exact styling:

They have chosen to keep the CookieYes branding. However, it is also possible to remove it.

To disable our branding on your banner, click on the Disable CookieYes branding toggle.

To personalise it further, you can add your logo to the cookie banner—just paste your logo URL into this field.

JACK & JONES (Menswear & lifestyle brand)

What JACK & JONES does

JACK & JONES is an internationally recognised menswear brand with a strong ecommerce presence across Europe and beyond.

How Jack & Jones uses a CookieYes banner

JACK & JONES keeps its cookie banner bold and straightforward, which makes perfect sense for a brand that sells confidence. The black button styling feels consistent with their visual identity, and the banner gives users equal power to accept or reject cookies. It reduces the risk of dark patterns and supports fair user choice.

How can you recreate this using CookieYes?

The layout used is “banner” (bottom), and the preference centre is aligned to the centre.

Like VERO MODA, the banner supports scrolling content for clarity and includes links to the cookie policy, privacy policy, and Google’s privacy and terms, so nothing feels hidden.

By enabling the Google Privacy Policy, you can easily link Google’s privacy terms on your banner.

WebYes (Website audit tool)

What WebYes does

WebYes is a website audit tool that diagnoses and help fix performance and accessibility issues on websites.

How WebYes uses a CookieYes banner

What stands out in WebYes cookie banner setup is the emphasis on clear consent flow, banner usability and easy access to preferences so users can make granular choices.

Even when a banner is minimal, CookieYes allows it to remain functional and compliance-friendly, without adding friction.

How can you recreate this using CookieYes?

WebYes uses the GDPR template in CookieYes. The layout here is “Box” aligned to the bottom-left.

Atlanta Attachment Company (Sewing automation)

What Atlatt does

Atlanta Attachment Company (Atlatt) is a global supplier of industrial sewing and automation machinery for mattresses, apparel, automotive interiors, and furniture manufacturing, including heavy-duty machines, packaging equipment, and sewing attachments.

How Atlatt uses a CookieYes banner

Atlatt uses a short, clear CCPA banner that explains cookie usage in plain language. It also provides the Do Not Sell or Share My Personal Information link placed right inside the banner, making opt-out feel effortless and immediate. The link is also styled in a custom red colour to suit the brand’s colour palette.

Once you click on “Do not Sell”, you will be taken to the opt-out preference centre. It is centre-aligned.

How can you recreate this using CookieYes?

If you want to build a similar CCPA-friendly experience on your own site, CookieYes makes it easy to add a “Do Not Sell” option directly into your banner content and style it to match your brand colours, so compliance feels seamless and not disruptive.

You can further customise the checkbox colour, button colours, button names, and more.

AHP (Behavioural health consulting)

What AHP does

Advocates for Human Potential (AHP) helps agencies and providers improve behavioural health care using evidence-based solutions.

How AHP uses a CookieYes banner

AHP keeps its cookie banner straightforward, using a clean banner-style layout aligned to the bottom of the screen. That placement is a smart choice as it stays visible enough to be compliant and informative, but it doesn’t interrupt the browsing experience or cover the main content.

It uses our default cookie message, with the “Do not sell” option placed right where users can’t miss it, making opt-out feel easy and immediate, not buried or complicated. The banner also has a close button.

How can you recreate this using CookieYes?

If you like this low-friction style, you can recreate it in CookieYes by choosing the Banner layout and setting the position to Bottom, then adding a visible opt-out link so users can take action without extra clicks.

Use the toggle to add or remove the close button. It’s available in all templates.

Harpoon Brewery (Craft beer & beverage brand)

What Harpoon Brewery does

Harpoon Brewery is an employee-owned craft brewery founded in Boston in 1986, known for its IPA, seasonal brews, and taprooms in Boston and Vermont.

How Harpoon Brewery uses a CookieYes banner

Harpoon Brewery’s cookie banner is a great reminder that consent banners don’t have to feel dull or out of place. They can still look bold, branded, and intentionally designed. The banner sits neatly aligned to the bottom, giving users a clear privacy message without interrupting the browsing experience or covering the visuals on the page.

What really makes it stand out is the styling. The banner uses a dark background for contrast and highlights key actions, like the “Do Not Sell or Share My Personal Information” link, in a striking red colour that matches Harpoon’s brand palette.

How can you recreate this using CookieYes?

If you love this kind of bold, brand-forward banner, CookieYes makes it easy to replicate. For the black background, simply select dark theme.

For the layout, choose Bottom-aligned Banner style and customise the colours to match your brand identity.

FAQ on cookie banner styles

The post 10 Real CookieYes Banner Examples: GDPR & CCPA Features You Can Use appeared first on CookieYes.

• Essential cookies: Necessary for core operations, and
• Non-essential cookies: Fulfil additional purposes such as analytics and personalisation.

Unlike essential cookies, which are critical for basic website functions, non‑essential cookies are not mandatory for the site to operate. In this article, we break down what non-essential cookies mean for your business and how they are governed under major privacy regulations.

What are non-essential cookies?

Non-essential cookies or non-necessary cookies serve purposes beyond core site functionality and help improve user experience, measure engagement, and personalise content. 

They range from analytics cookies that track how users navigate a site to advertising cookies that build detailed profiles for targeted ads.

Because non-essential cookies can involve processing of personal information, most data protection frameworks treat them as personal data.

GDPR requires explicit cookie consent before placing non-essential cookies on a device. To stay compliant, websites must clearly inform users about the cookies in use, obtain prior consent for analytics and marketing cookies, and provide an easy way to withdraw consent at any time.

Like in the example above, CookieYes enables GDPR-compliant cookie consent by

• Automatically scanning for non-essential cookies
• Categorising them correctly, and
• Collecting compliant consent via a customisable cookie banner

Create a GDPR banner

Non-essential cookies can be further classified into different categories, including:

• Analytics cookies: Track user behaviour, page views, and session duration.
• Advertising/marketing cookies: Collect data for targeted ads or remarketing campaigns.
• Functional cookies: Enhance usability by remembering user preferences not essential to site operation.
• Social media cookies: Enable likes, shares, and embedded content tracking.

Examples and use cases of non‑essential cookies

To find cookies on your site, click Scan now in the Cookie Manager in your CookieYes account. You can also schedule scans to automate the process.

Once the scan is completed, you will get the list of cookies on your site along with details like cookie ID, cookie duration, domain, description and URL script pattern.

Now, let’s discuss the different types of non-essential cookies in detail.

Analytics cookies

Analytics cookies help site owners understand how users interact with a site. They measure traffic sources, time on page, bounce rates and user flows, enabling data‑driven improvements.

Tools such as Google Analytics and Clarity rely on these cookies to collect data. Generally, analytics cookies require consent in opt-in regions and should be disclosed in the privacy or cookie policy.

Some analytics cookies last only a few minutes, while others can stay on a user’s device for months or even years. Scan your site to see the duration of each cookie automatically, along with other details.

Advertising and tracking cookies

Third‑party advertising cookies are typically persistent and track users across multiple sites. Advertising cookies also build user profiles to deliver personalised ads and limit how often a user sees the same ad.

Because these cookies involve significant data sharing, regulators treat them as non‑essential; they require an opt‑in consent in the EU, and have to follow opt-out requirements in the US.

Functional cookies

Functional cookies remember a user’s language preference or region, enhancing personalisation. They may not be strictly necessary, but improve the user experience and typically require consent when personal data is involved.

Social media cookies

They enable websites to integrate features from third-party platforms such as Facebook, LinkedIn, or X. Additionally, social media cookies let users share content, like posts, or interact with embedded feeds directly on a webpage.

However, these cookies can also track users across websites, building detailed profiles for targeted advertising and behavioural analysis. Because they involve data sharing with third-party networks, they are classified as non-essential and require explicit user consent under privacy laws like the GDPR.

First‑party vs third‑party cookies

Cookies can also be classified based on who sets them. First‑party cookies are set directly by the site a user visits and typically support core functions or analytics. Whereas third‑party cookies are placed by external domains (e.g., ad networks or social media platforms) and track users across websites.

For example, if a video from YouTube is embedded on xyz.com, YouTube may set a cookie on the visitor’s browser to track video views. This is considered a third-party cookie.

Differences: Essential vs non-essential cookies

Understanding the differences between essential and non-essential cookies is crucial for both compliance and effective consent management.

Essential cookies

Without essential or technically necessary cookies, basic website features such as secure logins, shopping carts, or page navigation may not function properly. Therefore, these cookies are fundamental to the core functionality of a website. These cookies do not require user consent, as they serve legitimate purposes directly related to providing a service requested by the user.

Examples of essential/necessary cookies:

• Session cookies: Maintain user sessions and authentication during browsing.
• Security cookies: Protect against fraudulent activity or unauthorised access.
• Load-balancing cookies: Ensure website stability and performance.

They handle minimal data processing and are often exempt from strict consent requirements under the GDPR and similar laws.

Non-essential cookies

Non-essential cookies, on the other hand, are used to collect additional information that enhances functionality, analytics, or marketing efforts. These cookies are not necessary for the site to operate, but help optimise performance and user engagement. 

Because they process user behaviour and identifiers, they fall under stricter privacy requirements.

Legal requirements for non-essential cookies

Under data protection laws such as the GDPR and ePrivacy Directive, non-essential cookies cannot be set without user consent. Consent must be:

1. Freely given: Users should have a real choice to accept or reject.
2. Informed: They must understand what data is collected and why.
3. Specific and granular: Users should consent to each cookie category separately.
4. Revocable: They must be able to withdraw consent easily.

Implementing a compliant cookie banner helps ensure these requirements are met. CookieYes enable businesses to design branded cookie banners and automatically apply users’ consent preferences across their website, simplifying compliance while respecting user choice.

GDPR and ePrivacy Directive

The General Data Protection Regulation regulates how personal data collected via cookies can be processed, while the ePrivacy Directive governs the placement of cookies themselves. Together, they require websites to disclose cookie purposes clearly and to obtain explicit consent for non-essential cookies.

This is what is commonly known as opt-in consent, and is also followed by non-EU countries like Brazil, Canada and the UAE.

CCPA and US state laws

In the United States, there is no federal privacy legislation. The personal data processing is governed by state laws. 

The California Consumer Privacy Act (CCPA) require businesses to inform users about data collection through cookies and offer an opt-out option for the sale or sharing of personal data. 

For this, websites should provide a “Do not sell or share personal information” link or similar opt-out alternative on their website.

Additionally, they must also honour Global opt-out signals.

More than 20 US states have already enacted their privacy regulations. The list includes Virginia, Utah, and Colorado.

Other global frameworks

Beyond the EU and the US, several countries have enacted similar privacy laws to regulate cookie use:

• Canada (PIPEDA): Requires transparency and meaningful consent for data collection and tracking.
• Brazil (LGPD): Aligns closely with GDPR, mandating consent for the processing of personal data through cookies.
• India (DPDP Act): Introduces clear obligations for data fiduciaries, emphasising lawful and consent-based data processing.
• South Africa (POPIA) and Australia (APPs): Also call for transparency and consent when cookies collect personal information.

Each of these frameworks reinforces the principles of user control, transparency, and accountability in cookie management.

How to manage non-essential cookies: Cookie banner requirements

Cookie consent requirements vary across different regions. However, here are the key tips for websites managing non-essential cookies:

Conduct a cookie audit

Before you can manage cookie consent properly, you need to know what’s running on your site. A cookie scan helps you:

• Identify every cookie in use and who sets them
• Understand what each cookie does
• classify them by purpose (such as analytics, advertising, functional, or essential)
• Determine cookie duration

This step is important because websites often pick up new cookies over time through marketing tags, plugins, A/B testing tools, chat widgets, or embedded content, sometimes without anyone noticing.

Instead of manually hunting through scripts and browser developer tools, you can scan your website using CookieYes to automatically detect cookies and trackers, categorise them, and generate a structured cookie list. The same information can then be reflected in your cookie banner and cookie policy, which makes it much easier to stay transparent and keep your consent setup aligned with what’s actually happening on your site.

At the same time, you don’t have to give up control. If you want to add specific cookies yourself or fine-tune what appears in your cookie list, CookieYes lets you manually add cookies too. This way, you get the speed and accuracy of automation, along with the flexibility of manual control when you need it.

Use a cookie banner

Create a cookie banner that matches the privacy requirements applicable to your website. From the Consent template dropdown, choose the option that aligns with your audience’s location, such as GDPR, US State Laws, or GDPR & US State Laws.

Why is this useful? Because cookie consent rules vary by region. Using the right template helps you present the correct consent experience automatically, without having to build and manage multiple banners manually.

For example, if you serve Europeans, your banner should comply with GDPR and ePrivacy requirements.

 Opt-in banners should:

• Present Accept, Reject and Customise options with equal prominence.
  
• Describe the cookies on your site
  
• Avoid pre‑checked boxes or implied consent.
  
• Allow users to select different categories of cookies.
  
• Provide a link to the full cookie and privacy policies.

However, if your website only caters to those in the US, add an opt-out link to your banner. 

Maintain a preference revisit centre

Offer a dedicated system where users can update or withdraw their consent at any time. You can fulfil this by providing a revisit consent widget, a cookie consent setting link on your policies, etc. 

If you are a CookieYes user, this is as simple as activating the floating button toggle within the Cookie banner > Content > Revisit Consent Button.

Consent should be renewable after a set period (often 12 months).

Record and retain consents

Keep logs of when and how consent was obtained, including the cookies accepted or rejected. Under GDPR, you must be able to demonstrate valid consent during an audit.

Here is an example of how user consent is recorded and displayed in the CookieYes dashboard. This makes it easy to store users’ consent preferences as proof of consent.

Block non‑essential cookies until consent is given

Automatic cookie scanning and blocking tools can prevent scripts from firing before consent. Regulators scrutinise websites that set tracking cookies before a user interacts with the banner.

Respect opt‑out signals

Recognise and implement global privacy control headers and “Do Not Track” or “Do Not Sell/Share” requests. Ensure third‑party vendors honour these choices.

Create a clear cookie policy

Your cookie policy should list each cookie, explain what data it collects, describe how long it persists, note third‑party involvement and explain users’ rights. Keep the policy up to date as cookie usage evolves.

From the More dropdown on your CookieYes dashboard, open the Cookie Policy Generator to create an auto-filled cookie policy based on your website’s scan results. Click Generate button to review and publish it on your site.

Educate your team

Developers, marketers and content editors should understand how cookie consent works to avoid inadvertently adding scripts that bypass consent mechanisms.

How CookieYes helps in managing non-essential cookies

Handling non-essential cookies efficiently requires the right tools. CookieYes makes compliance and management easier through automation, transparency, and customization. Here’s how it helps:

Key benefits include:

• Automatic cookie scanning: Detects and categorises all cookies on your website, distinguishing between essential and non-essential ones.
• Scheduled scans: Keeps your cookie list updated automatically to reflect any new or removed cookies.
• Customisable cookie banner: Create a banner that fits your website’s design and brand tone while ensuring it meets compliance standards.
• Granular consent options: Allow users to accept or reject specific categories like analytics, marketing, or social media cookies.
• Geo-targeted compliance: Adapts consent banners automatically to regional privacy laws such as GDPR, CCPA, and LGPD.
• Consent logs and proof: Stores user consents securely for audit and compliance reporting.
• Honour UOOMs: Recognise universal opt-out signals from users.
• Policy generators: Create and publish privacy and cookie policies in simple steps.
• Multilingual support: Display cookie banners and policies in multiple languages to enhance global accessibility.

By using CookieYes, businesses can manage non-essential cookies effectively, maintain user trust, and ensure compliance across multiple jurisdictions, all while delivering a smooth and transparent user experience.

FAQ on non-essential cookies

The post Non-Essential Cookies: 8 Steps to Properly Manage Cookie Consent on Your Website appeared first on CookieYes.

If you’re a marketer, founder, developer, or privacy professional evaluating AI tools, understanding cookie practices is essential. Not only does it help you assess whether a platform aligns with your internal compliance standards, but it also offers a blueprint for building transparency into your own web ecosystem.

In this guide, we break down what cookies are, how ChatGPT uses cookies, and what legal measures OpenAI takes to ensure privacy compliance. Let’s get into it.

What are cookies?

Cookies are small text files stored on a user’s browser when they visit a website or use a web-based application. They perform several key functions:

• Essential operations: logging in or maintaining session state
  
• Security: preventing fraud or detecting unusual behaviour
  
• Preferences: saving language, theme, UI choices
  
• Performance and analytics: understanding how users interact with the platform

Internet cookies are widely used by websites, and many regulators require their responsible use. The privacy concern comes from how cookies are used, especially tracking cookies that share data with third parties without transparent consent.

When evaluating a platform’s cookie usage, the key questions people ask are:

• What data is being collected?
  
• Is it necessary for the service?
  
• Is it being shared or used for advertising?
  
• Do users have meaningful control over their cookie choices?

With ChatGPT, these concerns are common. So here’s what you need to know.

What types of cookies does ChatGPT use? (With real examples)

OpenAI’s cookie policy for ChatGPT is transparent and publicly available. It divides cookies into three broad categories:

1. Necessary cookies
   
2. Analytics cookies
   
3. Marketing performance cookies

Let’s break these down in simple terms, using actual cookie names from ChatGPT’s ecosystem and explaining what they do.

Necessary cookies

They are essential for ChatGPT and other OpenAI services to function. If blocked, you generally can’t log in, use key features, or maintain a stable session.

They cover areas like:

• Service functionality
  
• Security
  
• User authentication
  
• Cookie consent and region handling
  
• Onboarding and UI features

Examples & what they do:

• oai-did: Device identification
  
• oai-last-model, oai-last-effort-mode and oai-model-sticky-for-new-chats: Remember which model or mode you last used for a consistent experience.
  
• oai-locale, locale, country and oai-ip-country, oai-ip-city: Store your language or region so the interface can respond appropriately and comply with region-based rules.
  
• auth_session_minimized, login_session, auth_provider, oai-client-auth-session: User authentication

In short, necessary cookies keep the lights on: they run the application, enforce security, and remember your basic settings and consent choices.

Analytics cookies

Analytics cookies help OpenAI understand how people use ChatGPT and related services, so they can improve performance, UX, and features. These are not strictly needed to show you a response, but they’re useful for product improvement and capacity planning.

Key sources & examples:

• Google Analytics (_ga and _ga_8MYC5SEFJ1): These are classic analytics cookies used on openai.com and chatgpt.com. They help measure things like:
  
  • How many users visit a page
    
  • Which pages or features are popular
    
  • How users navigate through the site
    
• Swoogo analytics (devday.openai.com): Cookies like _pk_id, _pk_ses, _pk_ref, _pk_hsr, and _pk_cvar are used for analytics specifically around OpenAI events, again focused on usage and engagement patterns.

Analytics cookies are typically non-essential, so in GDPR regions they’re only set after the user consents.

Marketing performance cookies

OpenAI lists a range of third-party marketing measurement cookies set on chatgpt.com and openai.com from well-known ad and social platforms.

These cookies help OpenAI:

• Measure how well their marketing campaigns perform
  
• Understand which channels (e.g. LinkedIn, Google, Meta, Reddit, TikTok, Bing) drive traffic or conversions
  
• Improve how they promote their products and services

They’re not necessary for the core ChatGPT functionality, but they are important for OpenAI’s growth and go-to-market strategy.

Examples & what they represent:

• LinkedIn cookies: Cookies like li_fat_id, lidc, li_gc, bcookie. etc, help LinkedIn and OpenAI measure the impact of LinkedIn-based campaigns.
  
• Google marketing cookies: _gcl_au, _gcl_aw, ANID,  and NID are examples of marketing cookies used in connection with Google Ads and related tracking to understand how Google-powered campaigns perform and attribute conversions.

Similarly, ChatGPT uses cookies from Meta, Reddit, TikTok and Microsoft.

In practical terms, this means:

• If a user comes to ChatGPT or OpenAI pages from a marketing campaign (e.g. LinkedIn or Google Ads), these cookies help OpenAI understand whether that campaign was effective.
  
• In GDPR-style jurisdictions, these cookies must typically be opt-in, not on by default, because they fall under marketing/tracking.

How does ChatGPT ensure cookie compliance?

OpenAI implements several technical and legal safeguards to ensure that cookie usage aligns with global privacy laws such as the GDPR, CCPA, ePrivacy Directive, and other regional frameworks.

Transparency

ChatGPT’s cookie usage is publicly documented in its cookie policy. It also offers a cookie banner for users to exercise their cookie choices.

For the US audience, the privacy policy states that they do not share or sell personal information for targeted advertising and also describes how user rights can be enforced. 

Consent banner for regulated regions

ChatGPT collects consent for non-essential cookies using a cookie banner. It offers clear Accept and Reject options, as well as granular controls for individual cookie categories.

 User rights compliance

The platform allows users to revisit their cookie choices through the “Cookie preferences” link at the bottom.

ChatGPT also complies with global privacy rights, including the right to access, deletion, rectification and opt out (where applicable).

What if my website or business uses ChatGPT or OpenAI services?

Here are a few things you should know when using ChatGPT for your business:

Using the OpenAI API (Backend Use Only)

If your business uses ChatGPT through the OpenAI API, for example, to power internal tools, content generation, or customer support features, OpenAI does not place ChatGPT cookies on your users’ browsers.

This is because API usage is server-to-server, and users do not directly interact with OpenAI’s websites.

What this means for you:

• You are responsible only for cookies and trackers set on your own website or app
• OpenAI’s website cookies do not need to be listed in your cookie policy
• You should still disclose AI data processing in your privacy policy, where applicable
• Review OpenAI’s Business Terms and Data Processing Addendum to understand data handling practices

Redirecting users to ChatGPT or OpenAI websites

If your website redirects users to chatgpt.com or another OpenAI-owned domain, OpenAI controls the cookies set during that interaction.

In this case:

• Cookie consent and cookie disclosures are handled by OpenAI
• You are generally not required to list OpenAI’s cookies in your own cookie policy
• Inform users in your privacy policy that they may be redirected to third-party services subject to separate terms and privacy policies
• You may notify users before redirect that they are leaving your site

Using third-party AI chat widgets powered by OpenAI

If you use a third-party chatbot or widget that relies on OpenAI but runs on your website, any cookies set by that tool (analytics, marketing, or functional) could become your compliance responsibility. Client-side widgets that load scripts directly in users’ browsers may set cookies, make API calls from the user’s device, or track user behaviour.

This means you should:

• Identify and classify cookies set by the widget
• Obtain consent for non-essential cookies or provide opt-out options based on applicable laws
• Disclose them clearly in your cookie policy

Want to manage cookies on your own website?

If you are still trying to figure out cookie consent for your website, a reliable, compliant, automated solution is all you need.

CookieYes helps you:

• Automatically scan your website to identify and categorise cookies
  
• Generate a compliant cookie banner
  
• Block cookies until consent is given
  
• Maintain a cookie policy and privacy policy
  
• Meet GDPR, CCPA, LGPD, and global requirements effortlessly

Millions of businesses use CookieYes to make cookie compliance stress-free.

Now it is your turn! Take the first step toward transparent, compliant cookie practices with CookieYes.

FAQ on ChatGPT cookies

The post ChatGPT Cookies Explained: What They Are and Why They Matter appeared first on CookieYes.

Because organisations widely use cookies for analytics, advertising, and tracking, they can quickly violate cookie consent rules and unlawfully process data, making cookie banners a key indicator of overall compliance with privacy and ePrivacy laws. Regulatory reviews on cookie consent typically examine the cookie banner, evaluate the choices offered to users, and check whether websites set non-essential cookies only after obtaining valid consent. Read on to learn more.

Why consent is a key component of regulatory cookie consent reviews

Cookies are small text files that websites store on a user’s device. Websites use internet cookies to enable basic functions, analyse traffic, personalise content, and support advertising and tracking.

There are mainly two types of cookies:

• Strictly necessary cookies: Allow websites to function and do not require user consent.
• Non-essential cookies: Analytics cookies, advertising cookies, and third-party cookies often collect personal data such as device identifiers.

Cookie consent requirements differ by region. In the EU and UK, laws such as the GDPR and the ePrivacy Directive follow an opt-in model, which means websites must obtain valid user consent before placing non-essential cookies.

In contrast, several US privacy laws, including the CCPA, follow an opt-out model, where websites may use certain cookies but must give users a clear and effective way to opt out of tracking and data sharing.

Because cookies enable tracking, profiling, and data sharing, regulators treat cookie consent as an early indicator of privacy compliance. Weak cookie consent practices often point to broader issues with transparency, user choice, and accountability, which is why cookie banners and consent mechanisms are a frequent focus in enforcement actions.

What non-compliant cookie practices do regulators look for?  

Below are some of the most commonly reviewed cookie consent factors in regulatory assessments.

#1 Non-essential cookies firing before consent

Regulators in regions requiring opt-in consent for non-essential cookies, such as the European Union and Brazil, examine whether websites place non-necessary cookies before a user has given their choice.

This includes advertising, analytics, and tracking cookies that are not strictly required for the website to function. If these cookies load automatically when the page opens, consent is already invalid, even if a banner appears seconds later.

Several high-profile enforcement actions have been based on this issue alone. Regulators have repeatedly stated that consent obtained after tracking has already started is not meaningful consent. From their perspective, this is a clear and objective violation.

#2 Providing a clear opt-out option for users

In some jurisdictions, cookie compliance focuses on opt-out rights rather than prior consent. In the United States, laws such as California’s CCPA require businesses to provide users with a clear way to opt out of the sale or sharing of personal information, including through third-party cookies used for cross-site tracking.

To comply, websites should provide a visible Do Not Sell or Share My Personal Information option and implement technical controls that stop advertising or tracking cookies from operating once a user opts out.

Regulatory cookie consent reviews focus not only on whether an opt-out mechanism exists, but on whether it actually limits data collection in practice. Therefore, if cookies continue to collect or share data despite an opt-out, the business will be considered non-compliant, even if a notice or link is present.

#3 Whether users can refuse cookies as easily as they can accept

Regulators care not only about offering a choice but also about how websites present that choice.

If users can accept cookies with one click but must take multiple steps, such as navigating hidden menus or scrolling through settings, to reject them, regulators are unlikely to consider the consent freely given.

Authorities consistently expect cookie refusal to be just as easy and visible as acceptance.

This includes:

• A clear reject option at the first layer of the banner
• No visual bias that nudges users toward acceptance
• No language that frames refusal as harmful or inconvenient

In enforcement notices, regulators have described unequal choice design as misleading and manipulative, even when refusal is technically possible.

#4 Pre-selected options and implied consent

Another red flag in cookie consent is pre-enabled toggles or language suggesting that continued browsing equals consent.

Regulators have been explicit that consent must be an active, affirmative action. Pre-ticked boxes, default-on analytics switches, or statements like “By continuing to use this site, you agree” fail this standard.

Courts and data protection authorities have confirmed that silence, inactivity, or passive behaviour does not amount to valid consent. 

#5 Clarity and completeness of information

Regulators do not expect long legal explanations in a cookie banner, but they do expect clarity and conciseness.

They typically assess whether the organisation provides the following information:

• Types of cookies and their purposes
• Whether third parties are involved
• How long cookies last
• Where more detailed information can be found (cookie/privacy policy)

Problems arise when banners use vague phrases like “improve your experience” without explaining what that means, or when they fail to clearly disclose third-party advertising partners.

Technical jargon and incomplete or ambiguous information undermine the “informed” element of consent, and regulators frequently cite these issues in enforcement decisions.

#6 Ability to withdraw consent easily

Consent is not a one-time event. Regulators actively check whether users can change their consent choices anytime.

A compliant setup allows users to withdraw consent as easily as they gave it. This usually means:

• A settings link or widget
• No requirement to search through policies
• Immediate effect when consent is withdrawn

If cookies continue to run after a user withdraws consent, or if withdrawal is buried deep within the site, regulators consider this a serious failure.

#7 Respecting user choices in practice

Closely linked to withdrawal is whether the website actually respects the user’s decision.

If tracking cookies still appear after rejection, or if rejected categories quietly reload on subsequent pages, consent is effectively meaningless.

This issue has featured prominently in large fines, where organisations offered a reject option but continued tracking regardless. From a regulatory perspective, this shows a lack of accountability and technical governance.

#8 Use of dark patterns and manipulative design

Design choices matter more than many organisations realise. Authorities are now explicitly examining whether cookie banners use dark patterns, such as:

• Bright accept buttons and muted reject links
• Multiple accept buttons but a single reject option
• Extra friction added to the refusal of cookies
• Use of ambiguous language

Even subtle nudging can invalidate consent if it undermines user freedom. Regulators have made it clear that compliance is not just about legal text, but about fairness in how choices are presented.

#9 Accountability and consent logs

Organisations are expected to demonstrate that consent was obtained, recorded, and applied correctly. This includes:

• Logs of consent choices
• Timestamped records
• Alignment between consent and cookie behaviour

While regulators may not always request this evidence at the first stage, the absence of reliable records becomes a serious issue once an investigation begins. Therefore, maintaining cookie consent logs is important during regulatory cookie consent reviews.

What this means for businesses

Regulators are not looking for perfection. They are looking for honesty, fairness, and control.

Most cookie consent enforcement actions arise from basic, preventable issues rather than complex legal interpretations. The common thread is a gap between what the banner promises and what the website actually does.

For businesses, the message is clear: cookie consent should enable users to make independent cookie choices. When consent is genuine, transparent, and technically enforced, regulatory scrutiny becomes far less risky.

Cookie consent is no longer just about avoiding fines. It is about demonstrating respect for user choice at the very first interaction.

Preparing for regulatory cookie consent reviews: Compliance checklist

Cookie compliance is a core requirement under privacy and ePrivacy laws worldwide. The checklist below highlights the key points websites should address to reduce the risk of cookie consent violations and demonstrate responsible handling of user choices.

• Conduct regular cookie scans to identify all cookies and similar technologies used on the website, including third-party cookies.
  
• Clearly distinguish between essential and non-essential cookies.
  
• Do not place non-essential cookies before the user has given valid consent if opt-in laws apply.
  
• Provide a “Do not sell or share” option for US visitors.
  
• Use clear, plain language to explain what cookies are used for and why.
  
• Avoid vague purposes such as “improving user experience” without explanation.
  
• Provide an equal and visible option to accept and reject cookies on the first layer of the banner.
  
• Ensure rejecting cookies is as easy as accepting them, with the same number of clicks.
  
• Do not use pre-checked boxes, default toggles, or implied consent.
  
• Avoid dark patterns such as misleading buttons, visual nudging, or confusing labels.
  
• Allow users to consent separately to different categories of cookies where required.
  
• Clearly disclose the use of third-party cookies and data sharing with partners.
  
• Ensure consent is recorded and stored securely for accountability purposes.
  
• Make consent withdrawal as simple and accessible as giving consent.
  
• Stop setting and reading non-essential cookies immediately after refusal or withdrawal.
  
• Ensure third-party vendors respect user consent and opt-out signals.
  
• Do not require identity verification or extra information for cookie opt-outs.
  
• Recognise browser-based opt-out signals where legally required.
  
• Review cookie practices regularly to reflect legal or technical changes.
  
• Document cookie compliance decisions and technical controls internally.
  
• Link your cookie policy from the banner for detailed information.
  

FAQs: How regulators review cookie consent

The post Website Compliance: What Regulators Look for in Cookie Consent Reviews appeared first on CookieYes.

When organisations delay fixing their cookie banners or policies, they not only break the rules but also signal that user privacy is an afterthought. In this article, we discuss why cookie consent matters, what happens when companies keep postponing fixes and how they can get back on track.

What is compliance debt?

Software teams speak of technical debt when shortcuts taken today lead to bigger problems tomorrow. A similar concept applies in the compliance world.

Compliance debt arises when a company fails to keep up with evolving legal requirements and leaves privacy, security or regulatory gaps unaddressed. 

Examples include collecting personal data without a lawful basis, failing to publish an updated privacy policy, and, notably, ignoring cookie consent requirements.

Cookie consent is an area where compliance debt accumulates rapidly. Many websites still use banners that pre‑select consent, bury the refuse option, or set tracking cookies before obtaining any permission. 

Here are some major cookie consent requirements:

• The ePrivacy Directive and GDPR require explicit, freely given consent before placing non‑essential cookies. 
• US laws such as the California Consumer Privacy Act (CCPA) require transparency and opt‑out options for data sharing. 

At first, these shortcomings may not be obvious. They accumulate quietly until a regulator, business partner, or customer flags them. By then, they may be deeply embedded in systems and business practices, making them costly and time‑consuming to fix.

Key privacy laws you must know to avoid compliance debt

Cookie consent requirements are not confined to one jurisdiction. As a result, websites that collect or process personal data via cookies must comply with multiple privacy laws, depending on the locations of their users. 

While the details vary, a common principle runs through most frameworks: non-essential cookies require user choice and control.

GDPR (European Union)

The GDPR requires websites to obtain explicit, opt-in consent before placing non-essential cookies such as analytics, advertising, or tracking cookies.

Consent must be freely given, specific, informed, and unambiguous. In practice, this means cookies cannot be set until the user takes a clear affirmative action.

They must also be able to refuse cookies as easily as they accept them, and consent must be withdrawable at any time without friction.

ePrivacy Directive (EU Cookie Law)

The ePrivacy Directive works alongside the GDPR and specifically governs the use of cookies and similar technologies. It reinforces the requirement to provide clear information about cookies and to obtain prior consent for any cookies that are not strictly necessary for the website to function.

Many cookie banner enforcement actions in the European Union are grounded in violations of this directive.

CCPA (California)

California Consumer Privacy Act take a different structural approach. Instead of requiring opt-in consent in all cases, they generally follow an opt-out model. 

This means businesses must give consumers a clear and accessible way to opt out of the sale or sharing of personal information, typically through a “Do Not Sell or Share My Personal Information” link. 

However, opt-in consent is mandatory for certain categories of data subjects, such as minors.

Other global privacy laws

Outside the EU and the US, cookie and tracking obligations are expanding rapidly. India’s Digital Personal Data Protection Act, Canada’s PIPEDA, and the UK’s PECR and UK GDPR all impose transparency, consent, and user-rights requirements that affect how cookies and tracking technologies are deployed.

While enforcement styles differ, regulators increasingly expect websites to offer meaningful choice, limit data collection to what is necessary, and respect user preferences across sessions and devices.

Cookie consent has outgrown being a mere regional issue. Now, for businesses with global audiences, treating cookie compliance as a one-time checkbox creates ongoing regulatory risk and contributes directly to compliance debt.

Compliance debt: What are the consequences of delaying cookie consent fixes?

The following are the most common consequences of delaying cookie consent on websites:

#1 Regulatory penalties

The most visible consequence of cookie non‑compliance is regulatory enforcement. Data protection authorities (DPAs) across Europe and state attorneys general in the United States have imposed significant penalties on businesses that delay cookie fixes. 

Examples include:

• In 2022, the French DPA (CNIL) fined Google with $150 Million for using dark patterns in cookie consent.
  
• In May 2025, California CPPA fined clothing retailer Todd Snyder, Inc. $345,178 for failing to process opt-out requests and not honouring UOOM signals.
  
• Chinese Authority flagged 68 mobile apps and removed 22 apps after repeated violations, citing missing or inaccessible privacy policies, implicit consent, and no easy way to withdraw consent or refuse targeted advertising.

These enforcement actions show that regulators look for fairness (equal prominence of accept and refuse buttons), transparency (clear explanations of what cookies do) and respect for user decisions.

#2 Legal actions and operational headaches

Administrative penalties are only part of the picture. Individuals or consumer groups may sue companies for failing to respect privacy preferences, and class‑action litigation can arise in multiple jurisdictions. 

Investigations, audits and legal proceedings consume staff time and distract from core business. In some cases, payment processors or business partners may suspend services until issues are resolved, cutting off revenue and straining cash flow.

#3 Erosion of trust

Privacy is increasingly a factor in consumer loyalty. When users see banners that nudge them toward acceptance or find that a site continues to track them despite their choice, they may lose faith in the brand. 

A damaged reputation is hard to repair and can lead to higher bounce rates, lower conversion and negative press coverage.

#4 Lost opportunities

Putting off cookie compliance can affect the bottom line in less direct ways. Corporate clients often run privacy assessments when selecting vendors, and a non-compliant cookie banner can derail an otherwise promising deal.

At the same time, most analytics and advertising platforms, such as Microsoft Clarity, Google Analytics, and Google Ads, now strictly enforce cookie consent requirements. Teams that rely on unconsented tracking will increasingly find gaps in reports, missing conversion data, and limited audience insights.

To address this, platforms require websites to implement consent mode, a framework that allows tools to adjust their behaviour based on a user’s consent choices. 

When consent is denied, tracking does not stop entirely but shifts to privacy-preserving signals and aggregated measurement. Without a consent mode properly configured, analytics and ad platforms may stop collecting data altogether, reducing the effectiveness of marketing campaigns and performance reporting.

Common mistakes that build cookie compliance debt

Here are some of the most common cookie compliance mistakes on websites:

Hidden or unequal choice

Some banners present a large, colourful Accept button but hide Reject in a text link or secondary menu. Such designs are seen as dark patterns and often lead to fines.

Pre‑checked consent boxes

A user’s silence or inaction is not consent. In the European Union or similar opt-in jurisdictions, checkboxes or sliders should be off by default so that visitors actively choose to enable non‑essential cookies.

Missing cookie banner

Under opt-in laws, websites that set non-necessary cookies, including third-party cookies, before asking for permission risk enforcement, even if they list cookies elsewhere on the site.

Vague or incomplete explanations

People need to understand why cookies are being used. Simply listing vendors without describing purposes. Categorise the cookies and also name individual cookies, who places them, duration, etc, to help users make granular cookie choices.

Also, provide a cookie policy describing the use of cookies on your website and link it from the banner. 

Lack of granularity

Banners that lump all cookies together leave users with an all‑or‑nothing choice. Offering separate categories, such as functional, statistical and marketing, respects user autonomy. This is often given as a second layer in the cookie banner for a layered approach.

Relying on legitimate interest for marketing cookies

Some organisations invoke legitimate interest to avoid asking for consent. Regulators have repeatedly indicated that this basis does not apply to cookies used for tracking and profiling.

Outdated banners and policies

As technology and laws evolve, consent mechanisms must be reviewed and updated. New third‑party tools may introduce tracking that old banners do not cover. Regular cookie audits help keep documentation current.

Why compliance debts are especially risky now

Privacy enforcement is increasing around the world. New laws in multiple jurisdictions expand the rights of individuals to control how their data is collected and used. 

Supervisory authorities are coordinating investigations and sharing information. Consented data is more valuable now than ever. Companies that ignore these trends risk falling behind and scrambling to retrofit compliance under pressure.

Clearing the backlog: getting out of cookie compliance debt

Addressing compliance debt requires a structured approach:

• Audit your website: Identify every cookie and similar technology in use, whether first‑party or third‑party, and determine whether each is essential or optional.
  
• Consent: Ensure that you obtain opt-in or opt-out consent based on regional privacy laws.
  
• Design a compliant cookie banner: Provide equally prominent options to accept or refuse optional cookies. Avoid pre-checked boxes or toggles.
  
• Offer granular settings: For opt-in banners, let users decide which types of cookies to allow. Consider separate toggles for preferences, analytics and marketing.

• Use plain, accessible language: Ensure that your cookie message is in simple language. Avoid legal jargon so that everyone can make informed decisions.
  
• Keep preferences easy to find: Add a link to Privacy preferences in the footer so users can change their choices at any time. The cookie widget is also a commonly used option.
  
• Maintain consent records: Keep a log of when and how users granted or withdrew consent.
  
• Update regularly: Do periodic cookie scans and review your banners, policies and vendor integrations when you add features, change analytics tools or expand into new regions.
  
• Consider a consent management platform: Specialised tools like CookieYes can automate consent collection, cookie blocking and record keeping across different jurisdictions.
  
• Educate your teams: Ensure that marketing, product and engineering colleagues understand when consent is required and what practices are allowed. Misunderstandings about legitimate interest or technical limitations often lead to non‑compliant implementations.

Conclusion

Ignoring cookie consent requirements may seem like a minor oversight, but it quickly compounds into a significant burden. Regulatory bodies worldwide are taking a hard line on unfair consent practices, and public expectations for privacy continue to rise. On top of fines and legal risks, non‑compliance can erode trust and hamper marketing effectiveness. By addressing cookie practices proactively and viewing compliance as an ongoing responsibility rather than a one‑time project, organisations can reduce risk, build stronger customer relationships and unlock the value of privacy‑centric data strategies.

FAQ on compliance debt

The post Compliance Debt: What Happens When You Keep Postponing Cookie Consent Fixes? appeared first on CookieYes.

For publishers monetising via Google Ad Manager, AdSense, or AdMob, this update is critical. Failure to migrate by the 28 February 2026 deadline will result in valid consent strings becoming invalid, causing ad requests to default to “Limited Ads” and potentially slashing programmatic revenue by over 50%.

While TCF 2.2 focused on policy (removing legitimate interest for advertising), TCF v2.3 focuses on proof. It introduces a mandatory technical mechanism to verify that vendors were actually disclosed to users, closing a significant compliance gap.

This guide provides an in-depth analysis of the technical changes, the implementation roadmap, and how CookieYes automates this complex transition for you.

What is IAB TCF v2.3?

TCF v2.3 is the latest iteration of the industry standard for capturing, managing, and signalling user consent. Released on 19 June 2025, it was developed to resolve “signalling ambiguity”, a technical blind spot regarding vendor disclosures that left the ad tech supply chain vulnerable to GDPR challenges.

Why did IAB Europe introduce TCF v2.3?

IAB Europe’s explanation is specific: in TCF v2.2, certain vendors could not reliably tell whether:

• They were not disclosed in the CMP UI, or
  
• The user objected (for scenarios where the Legitimate Interest bit was set to 0)
  

That uncertainty matters most when vendors intend to process data for Special Purposes under Legitimate Interest and cannot infer disclosure from existing signals.

So, TCF v2.3 resolves the ambiguity by making disclosedVendors mandatory.

What changed in TCF v2.3 compared to v2.2?

The core problem TCF v2.3 solves: “ghost vendors” and disclosure ambiguity

In TCF v2.2, vendors could receive a consent string but still lack a reliable way to prove they were actually disclosed in the Consent Management Platform (CMP) interface the user saw.

Here’s the “ghost vendor” scenario in plain terms:

• A user objects to a vendor’s Legitimate Interest (LI) for certain processing, so the CMP generates a 0 signal.
• The vendor receives that 0, but can’t tell what it really means:
  • Did the user see the vendor and actively object?
  • Or was the vendor never shown at all in the CMP UI (a “ghost vendor”)?

This ambiguity becomes risky when vendors rely on Legitimate Interest for Special Purposes (such as fraud prevention or security). Those uses still require transparency, so if a vendor processes data without having been disclosed, they risk violating GDPR.

The solution in TCF v2.3: “mathematical proof of disclosure” in the TC string

TCF v2.3 fixes the guesswork by making the disclosedVendors segment mandatory in every TC string. This creates a binary, verifiable disclosure signal that tells vendors whether they were disclosed in the CMP UI.

In practice:

• 1 = the vendor was disclosed to the user in the CMP interface
• 0 = the vendor was not disclosed

After the transition, vendors affected by the previous ambiguity must check their bit. If it’s 0, they must not process data for Special Purposes, because transparency was not established.

The deadline that matters: 28 February 2026

From IAB Europe:

• TC strings created before 28 February 2026 without disclosedVendors remain valid after that date
  
• TC strings created after 28 February 2026 without disclosedVendors will be considered invalid
  

From Google Ad Manager:

• The mandatory deadline for publishers and CMPs is February 28, 2026
  
• TCF v2.3 is mandatory for all TC strings generated on or after that date
  

If you want a simple rule: make sure your CMP is writing v2.3 strings well before February 2026 so you have time to test.

Why Google requires TCF 2.3

Google has fully aligned its EU User Consent Policy with the TCF v2.3 standard. If you monetise traffic from the EEA, UK, or Switzerland, this update is mandatory for maintaining programmatic access.

• Programmatic bidding: Real-Time Bidding (RTB) relies on the consent string to tell bidders if they are allowed to bid. If the string is invalid (missing the 2.3 disclosure segment), premium bidders, including Google, will simply not bid.
• “Limited Ads” risk: Without a valid TCF 2.3 string, Google may serve “Limited Ads.” These ads do not use cookies for personalisation or frequency capping, resulting in significantly lower engagement and revenue.

Google’s transition timeline (EEA, UK, Switzerland)

Google provides a clear rollout window:

• Support is live now: Google can accept and process TCF v2.3 strings immediately, and you should begin migration as soon as possible
  
• Transition period: now—end of February 2026: Google treats v2.3 strings the same as v2.2 and will not validate the disclosed vendor segment, giving you a safer test window
  
• Final deadline: 28 February 2026: support for new TCF v2.2 strings is dropped; v2.3 becomes mandatory for strings generated on or after this date
  

And Google’s warning is direct: if you miss it, the ad request may be defaulted to Limited Ads, which may impact revenue.

Do you need to ask users for consent again?

Often, no.

IAB Europe states CMPs should not be required to re-surface the UI for this change. For publishers using a commercial CMP, IAB Europe also notes you should not be affected by the transition because there is no re-surfacing requirement tied to this update.

There is one important edge case:

• If your CMP kept records of which vendors were disclosed when a TC string was created, it may update existing strings (and IAB notes the lastUpdated field should not change in that case).
  
• If your CMP did not keep disclosure records, it should wait for the user to renew or change choices to create a new TC string including disclosedVendors.

IAB TCF 2.3 compliance checklist

Here is a detailed compliance checklist to ensure your transition to TCF v2.3 is seamless and audit-proof.

• Update your CMP: Ensure your Consent Management Platform supports TCF 2.3 signal generation. This is the baseline requirement for creating valid consent strings.
• Enable the “disclosed vendors” segment: Verify that your CMP populates the mandatory disclosedVendors segment (a binary 0/1 signal) in the TC string to prove vendors were shown to the user.
• Verify Google certification: Confirm your CMP is Google-certified for TCF 2.3. Using a non-certified platform will block you from Google Ad Manager and AdSense.
• Sync with the GVL: Configure your CMP to download the Global Vendor List (GVL) on a regular basis so vendor IDs and legal bases remain current.

• Display vendor count: Your banner’s first layer must state the exact number of vendors seeking data access (e.g., “We and our 142 partners”).
• Use plain language: Replace legal jargon with user-friendly descriptions and illustrative examples for all data processing purposes.
• Ensure easy re-access: Provide a persistent link (e.g., “Privacy Settings”) in the footer or a floating button so users can easily modify their consent choices.

• Audit your vendor list: Remove inactive vendors to reduce TC string size and improve page load speed.
• Check GVL participation: Ensure every partner is registered on the TCF 2.3 Global Vendor List; unregistered vendors cannot process valid consent signals.
• Match UI to string: Verify that the vendors listed in your banner match exactly with those marked as “disclosed” in the generated consent string.

How CookieYes automates TCF 2.3 compliance

Migrating frameworks shouldn’t need an engineering team. CookieYes now supports IAB TCF v2.3 and automates the full transition from v2.2 in just one click.

• Automatic upgrades: We automatically update our string generation logic to include the mandatory disclosedVendors segment.
• Certified integration: As a Google-certified CMP, we ensure your signals are perfectly formatted for Google Ad Manager, AdSense, and AdMob.
• Compliance by design: Our banners are pre-configured with the mandatory vendor counts and user-friendly text, ensuring you meet the visual requirements of TCF 2.3 without manual design work.
• Seamless vendor management: We provide an easy-to-use interface for managing your GVL.

Frequently asked questions

The post IAB TCF v2.3: What Publishers Must Do by February 2026 appeared first on CookieYes.

That memory is usually a cookie or similar tracking technology. Regulators, however, increasingly see these tools as online advertising/measurement and therefore require cookie consent. In this blog, we discuss when you’ll need cookie consent for affiliate websites, why, and the exemptions.

What are affiliate cookies?

When we say affiliate cookies, we’re talking about tracking technologies that record a referral from an affiliate (publisher) to a merchant:

This is how a typical flow goes:

1. User reads a blog (publisher/affiliate).
   
2. They click an affiliate link to a merchant (advertiser).
   
3. The click goes via an affiliate network.
   
4. A tracking cookie or similar technology is set, often storing:
   
   • Click ID/transaction ID
     
   • Affiliate ID/publisher ID
     
   • Merchant ID/program ID
     
   • Time and sometimes device info or other identifiers
     
5. When the user purchases, that cookie ID is read, and a commission is calculated.

An affiliate’s ability to earn a commission often depends on whether the user completes a purchase during the merchant-defined cookie duration. If the user buys after the cookie expires, or if tracking cannot occur due to consent preferences or cookie deletion, the commission may not be recorded.

For example, Amazon Associates uses a 24-hour cookie, whereas  Semrush affiliate offers 120 days. 

Similarly, the affiliate program offered by Flowlu has set the cookie duration to 60 days.

The cookie duration for the CookieYes affiliate program is also 60 days.

Legal framework overview for affiliate cookies

If your website relies on affiliate links to earn commissions, ensure that you understand and comply with the following legal requirements for affiliate cookies.

EU/EEA: ePrivacy Directive + GDPR

In the European Union or the European Economic Area, cookies are mainly governed by:

• ePrivacy Directive: Article 5(3), also known as the cookie rule
  
• GDPR: Governs what you can do with personal data collected via those cookies (legal basis, transparency, rights, etc.)

Article 5(3) ePrivacy Directive says that storing or accessing information on a user’s device (which includes cookies, pixels, and local storage) is only allowed if:

1. The user has given consent, or
   
2. It’s strictly necessary to provide a service explicitly requested by the user.

The European Data Protection Board’s guidelines on Article 5(3) confirm that the rule applies broadly to tracking pixels, link-based tracking and local processing that involves storing or accessing information on terminal equipment.

On top of that, EDPB Guidelines 05/2020 on consent clarify that:

• Consent must be freely given, specific, informed and unambiguous.
  
• Pre-ticked boxes or “by continuing you consent” do not count as valid consent.

UK: PECR + UK GDPR

Post-Brexit, the UK uses:

• Privacy and Electronic Communications Regulations (PECR) – particularly Regulation 6 on cookies
  
• UK GDPR and the Data Protection Act 2018

The ICO’s cookie guidance is very clear:

• Non-essential cookies, including third-party cookies used for online advertising or web analytics, always require consent under PECR.
  
• Measurement of advertising effectiveness is treated as part of the advertising purpose and also requires consent.

US: state privacy laws + FTC rules

The US still has no federal cookie law. Instead, they have:

• A growing patchwork of state privacy laws, including California, Colorado, Virginia, Connecticut, etc.
  
• California CCPA/CPRA and similar state laws focus on:
  
  • Transparency related to data processing
    
  • Opt-out rights
    
• FTC rules on advertising and endorsements:
  
  • Require clear and conspicuous affiliate disclosures and prohibit deceptive practices. 

In practice, US law usually doesn’t require prior opt-in consent for affiliate cookies, but it does require:

• Transparent privacy & cookie notices
  
• A “Do Not Sell/Share” opt-out link
  
• Honouring browser-based signals like GPC in certain states
  
• FTC-compliant affiliate disclosures

When can affiliate cookies be considered strictly necessary?

Authorities and industry bodies generally agree that only cookies that are essential for a service requested by the user (e.g. remembering items in a shopping cart, essential security) are strictly necessary. Therefore, advertising and analytics cookies are not.

Also, guidelines issued by the Affiliate & Partner Marketing Association mention that cookies are typically treated as non-essential advertising/measurement cookies and therefore require consent for UK/EU users.

However, they may be treated as strictly necessary in limited cases such as:

• Cashback and loyalty sites: When users sign up specifically to earn cashback or rewards, tracking is required to deliver those benefits. Such tracking must be limited to attribution and not used for advertising or profiling.
  
• Closed-membership platforms: When users access account features that depend on tracking to function, such as purchase verification or referral reward dashboards.
  
• Short-lived technical tracking: When session-based tracking is needed to complete a user-initiated action and does not involve persistent identifiers.

The new UK consent-free affiliate tracking debate

You may see articles about the UK Data Act 2025 exemption for some affiliate or campaign tracking:

Some adtech commentary suggests that the UK is exploring a more affiliate-friendly approach, where certain consent-free tracking may be possible (statistical attribution of transactions) if:

• Purpose limitation is strictly enforced
  
• There is a clear opt-out
  
• Transparency is robust and interfaces with networks are clean.

Practical takeaway for now (late 2025):

• For risk-managed compliance, publishers should assume affiliate cookies in the UK still require opt-in consent.

How can websites comply with affiliate cookie consent requirements?

If you are an affiliate website (blogs, reviews, etc) promoting other products or services using affiliate links, here are some measures you should take to avoid non-compliance with cookie consent requirements:

#1 Implement a legally compliant cookie banner

Websites serving EU/UK visitors must display a cookie banner that:

• Appears before any non-essential cookies load
  
• Provides clear options to accept, reject, or customise
  
• Blocks the affiliate network cookies until the user opts in
  
• Groups cookies into accurate categories such as Essential, Analytics, and Marketing
  
• Records and stores consent choices

This aligns with the GDPR and ePrivacy/PECR standards.

In the US,  cookie banners must:

• Meet transparency requirements
  
• Support opt-outs under state privacy laws when cookies are used for the sale/sharing of information or targeted advertising
  
• Acknowledge browser signals such as the Global Privacy Control (GPC) in states like California

#2 Publish a clear and detailed cookie policy

It is a best practice for every affiliate website to maintain a dedicated cookie policy that:

• Lists all cookies and tracking technologies used
  
• Explains what each cookie does and how long it lasts
  
• Identifies third-party cookies used for affiliate tracking
  
• States whether cookies are used for attribution, analytics, or advertising
  
• Explains how users can change or withdraw consent at any time
  
• Links to each affiliate network’s privacy documentation

A well-written cookie policy reduces legal risk and builds trust with users.

#3 Provide a comprehensive privacy policy

The privacy policy should cover:

• What personal data is collected through cookies or tracking links
  
• Legal bases for processing (EU/UK)
  
• opt-out rights
  
• How long data is retained
  
• User rights such as access, deletion, opt-out of sale or sharing, and consent withdrawal
  
• Whether data is transferred outside the user’s jurisdiction

This is required by GDPR, UK GDPR, and all major US state privacy laws.

#4 Configure affiliate tracking to respect consent

After installing a Consent Management Platform (CMP), ensure that:

• Affiliate scripts and pixels do not fire until consent is granted
  
• Consent preferences are passed to networks (where supported)
  
• Cookies are removed or suppressed if the user withdraws consent
  
• Server-side or cookieless tracking options are implemented in a compliant way
  
• Cookie durations are reviewed to ensure they are proportionate

This avoids accidental tracking and protects both the publisher and the affiliate network.

#5 Offer legally required opt-out mechanisms

EU/UK

Users must be able to:

• Reject non-essential cookies
  
• Change or withdraw consent at any time through an easily accessible “Cookie Settings” link

US

Websites must:

• Offer a “Do Not Sell or Share My Personal Information” link when cookies qualify as a sale, sharing, or targeted advertising
  
• Honour Universal Opt-out Mechanisms or GPC signals where required

#6 Maintain strong security and data governance

Affiliate websites should also:

• Use HTTPS across the entire site
  
• Ensure affiliate scripts load securely and from trusted sources
  
• Enable regular audits for third-party scripts
  
• Apply least-access principles to data collected through affiliate tracking
  
• Keep documentation of consent logs and data flows for regulatory inquiries

Security measures support compliance and reduce exposure to legal risk or data breaches.

FAQ on affiliate cookie consent

The post Do Affiliate Cookies Require Consent or Does Cookie Consent Impact Affiliate Programs? appeared first on CookieYes.