In addition, BayLDA found it problematic that cookie tracking started, known as the “cookie drop”, on most of these websites immediately upon the site’s loading. In essence tracking started before you even had a chance to opt out! Thus even if you consented by clicking on the cookie banner, did you really given meaningful consent if the cookie dropped even before you agreed?
While the BayLDA audit does not rise to the level of formal guidance, US companies that are subject to the GDPR should take notice and pay careful attention to their cookie banners and timing of the “cookie drop.” Click here for more information generally on the GDPR. If you have any questions regarding this or any other aspect of your business, please feel free to contact Doug Leavitt at Danziger Shapiro & Leavitt, P.C.
This entry is presented for informational purposes only and is not intended to constitute legal advice.