Website Compliance: The Dilemma of Cookie Pop-ups in Australia
Globally, the majority of websites consider a cookie pop-up as best practice. Unless your website is very small and only information-based, cookie consent pop-ups or banners can offer transparency around the way your website stores customer information.
If your website collects, uses, or stores personal information through cookies or any other means, the APPs require you to provide clear and transparent information to users about how their datas collected and used. You must give users the option to provide explicit consent for the use of cookies, especially those utilized for tracking or advertising purposes.
Nearly all websites have cookies which are small pieces of data stored in your web browser. The name ‘fortune cookies’ derives from their resemblance to traditional cookies that hold small pieces of paper with written, though improbable, predictions of the future.
In the web world, this data allows a website to remember certain bits of information so everyone can browse the internet seamlessly. Whenever someone visits a site, these ‘cookies’ of information can remember things such as what the person left in their shopping cart, their user name or an action they may have taken on the site. Cookies allow users to browse, shop and watch without needing to login every time they visit a site. This saves a lot of time and hassle, but, because cookies technically record personal data, privacy laws have generated the need for visitors to consent to website cookies before entering.
Does Australian law require cookie pop-ups?
If you need more convincing, the EU has two important laws regarding cookie consent: the ePrivacy Directive and the General Data Protection Regulation (GDPR). The ePrivacy Directive requires the consent of users for cookies that gather personal information and track user behaviours. The GDPR is data protection legislation with strict rules on how a website requests and obtains consent. Consent must be earned via clear and affirmative consent, so opt-out pop-ups aren’t allowed on EU sites. The EU takes enforcing these laws seriously, so if you fail to offer this to European audiences, it can result in them blocking your Australian site.
- For more information on how to keep your business’s website up to date and running efficiently, have a read of one of our previouse posts, Click link
What happens if visitors don’t accept website cookies?
Make sure you have an ‘ignore’ or ‘decline’ option on your site. If visitors choose not to accept cookies, then their site experience may be a little more sluggish, certain elements may not load properly and they will have to manually input their details each time they log in. Some Australian website owners don’t allow visitors to access their site without accepting cookies. While the EU requires this, Australian-based sites do not need to implement it.
Can website cookies be bad for business?
- First-party cookies, offered by the site owner, store user preferences and login details, providing a seamless browsing experience and enhanced security by reducing the need for multiple usernames and passwords.
- As they are confined to the specific website and do not track users’ activities across the internet, these cookies are typically harmless.
- Typically harmless, cookies do not track users’ activities across the internet and stay confined to the specific website.
- By securely storing data behind password-protected systems, users avoid the risk of writing down sensitive information or leaving it exposed near their computers.
On the other hand:
- Major advertising networks on global shopping and news websites often associate third-party cookies with increased intrusiveness.
- These cookies track users’ online activities, including location, purchase history, search results, and more. Enabling companies to build comprehensive profiles for targeted advertising.
- In response to growing concerns over online privacy, search engines and their parent companies are taking steps to limit or remove third-party cookies.
- Browsers like Safari and Firefox have already banned third-party cookies. Chrome has committed to phasing them out by the end of 2022.
If you’re still unsure, consult an experienced legal team such as Coulter Legal. They can offer sound corporate and commercial advice regarding your website and privacy policy compliance.
Need a website with cookie consent?
If you’re a small to medium business looking for a dynamic website with built-in cookie consent banners or pop-ups, visit our Pixeld web services page or download our web packages brochure.
