Cookie Policy & Consent Notice
Explains the cookies and trackers your site uses and sets up the consent banner language regulators now expect.
What is a Cookie Policy & Consent Notice?
A Cookie Policy & Consent Notice is a legal document that explains the cookies and trackers your site uses and sets up the consent banner language regulators now expect.
Any site that uses analytics, advertising pixels, or non-essential cookies. The need is sharpest if you have EU/UK visitors (opt-in) or California and other-state visitors (opt-out).
Cookie Policy & Consent Notice template, current for 2026
Reflects the 2026 split between EU/UK prior-consent (opt-in) and U.S. state opt-out regimes. It includes Global Privacy Control honoring, a category table (strictly necessary / functional / analytics / advertising) with plain descriptions, and ready-to-use banner and preference-center copy, and it covers cookieless trackers and pixels as well as cookies.
How HDAi does this differently
Unlike a static form, HDAi runs a guided interview and assembles your Cookie Policy & Consent Notice as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.
What you’ll be asked
- Which company or entity operates the website/app and publishes this policy? This is the data controller responsible for the cookies. We use it throughout the document and in signature/contact blocks.
- What is the primary website or app domain this policy covers? Cookie policies are property-specific; regulators expect the covered domain(s) named clearly.
- List any additional domains, subdomains, or apps this policy also covers (optional). If one policy covers multiple properties, naming them avoids ambiguity about scope.
- What is the effective date of this policy? Cookie/consent rules require a dated version so users and regulators can see which terms applied when.
- Which regulatory regimes should this policy be drafted to satisfy? Consent mechanics differ by regime. CCPA/CPRA is opt-out; GDPR/ePrivacy and several US state laws lean opt-in for non-essential cookies. This drives the banner and rights language.
- What consent model does your banner use for non-essential cookies? This is the central design choice regulators scrutinize. It determines whether cookies fire before or after the user acts.
- What style of consent interface do you present? Regulators require that rejecting be as easy as accepting; the wording differs by interface type.
- What consent management platform (CMP) or tool powers the banner? (optional) Naming the CMP supports auditability and helps users understand how to change settings.
- How long does your CMP retain each consent record before re-prompting? (optional) Regulators expect operators to log the scope and timing of consent and to refresh it periodically (commonly every 6 to 13 months). Stating a retention period demonstrates auditability.
- Which categories of cookies/trackers does your site use? Each category gets its own described section with purpose and consent treatment. Essential cookies are exempt from consent; the rest are not.
- Do you use Google Analytics (or a comparable analytics provider)? Analytics providers are the most common third party named in cookie tables; we tailor the disclosure accordingly.
- List the key third-party cookie/tracker providers and what each does. A named third-party table is the single most-expected element of a modern cookie policy; regulators treat vague disclosures as deficient.
- Do you use any session-replay, heat-mapping, keystroke-logging, or similar interaction-capture tools? In 2025 and 2026 a wave of California Invasion of Privacy Act (CIPA) and pen-register/trap-and-trace class actions has targeted session-replay and interception tools. Disclosing them and pairing them with consent is now essential risk mitigation.
- Name the session-replay / heat-mapping / interaction-capture tools you use and what each captures. Identify the vendor and the interaction data it records (mouse movement, clicks, scrolling, form inputs, page content). Regulators and plaintiffs treat undisclosed interaction capture as unlawful interception.
- Do any trackers collect or infer sensitive personal information (precise geolocation, health data or inferences, biometric, or similar)? Under the CPRA and several state opt-in regimes, sensitive personal information (including precise geolocation and health inferences) is subject to heightened limits and, in some states, an opt-in requirement. This drives a dedicated disclosure.
- Which categories of sensitive information do these trackers collect or infer? Naming the specific categories supports the heightened notice and opt-in/limit-use rights that apply to sensitive personal information.
- Do any of these trackers result in a 'sale' or 'sharing' of personal information (e.g., ad/analytics cookies under CCPA)? Cross-context behavioral advertising is deemed a 'sale/share' under CCPA/CPRA and triggers a mandatory opt-out and 'Do Not Sell or Share' link.
- Does your site honor Global Privacy Control (GPC) / browser opt-out signals? California and several states now require honoring GPC as a valid opt-out. Stating this is expected. If you do not yet honor it, the policy states that recognized signals must still be honored where required and that you are coming into compliance.
- How should the children/minors section be scoped? COPPA governs children under 13 nationwide. Several states now bar targeted advertising to and sale of data of known minors under 16 or under 18. Choose the scope that matches your audience and where you operate.
- How long do cookies typically persist (or how do you describe retention)? ePrivacy guidance caps consent-based cookie lifespans (commonly ~13 months); stating durations is a compliance expectation.
- What email address should users use for cookie/privacy questions? A monitored privacy contact is required so users can exercise choices and ask questions.
- What is the mailing address for privacy inquiries? (optional) Several regimes expect a physical contact channel in addition to email.
- What is the URL of your main Privacy Policy? The cookie policy cross-references the broader privacy policy for full data-rights disclosures.
- Which US state's law governs this policy and any related disputes? Sets the governing-law boilerplate for interpretation of the notice.
- Name/title of the privacy officer or contact who owns this policy? (optional) Naming an accountable owner strengthens the notice and supports the signature block.
- If you are subject to GDPR without an EU/UK establishment, who is your Article 27 representative? (optional) Controllers targeting the EEA or UK from outside the region generally must appoint a written Article 27 representative and name it in their notices. Provide the representative's name and contact, or leave blank if not applicable.
- What is your lead or relevant EU/UK supervisory authority? (optional) Naming the supervisory authority where users may lodge a complaint (e.g., the Irish DPC or the UK ICO) is an expected GDPR disclosure.
- Which mechanism do you rely on for transfers of EU/UK personal data to the US or other third countries? GDPR requires you to identify the specific transfer safeguard. Select all that apply.
Frequently asked
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