This guide provides general technical information. It is not legal, medical, tax or financial advice. Confirm requirements with a qualified adviser for your jurisdiction and implementation.
There is no single rule
Unlike the European Union, neither the United States nor Canada has one law that says “every site needs a cookie banner.” Instead, obligations come from privacy laws that apply to the personal data you collect, depending on who you are and where your visitors live. Because of that, many businesses adopt one consistent consent approach for everyone.
This article is general information, not legal advice. Have counsel review your approach, particularly if you track visitors for advertising.
United States
Most US privacy law comes from states. Several have comprehensive privacy statutes, including California, Virginia, Colorado, Connecticut and others, with more being added. Typical features:
- Notice. Tell visitors what data you collect and why in a privacy policy.
- Opt-out rights. Visitors can opt out of the sale or sharing of personal data and targeted advertising. Cookies and pixels that share data with ad platforms can fall within these definitions.
- Global privacy signals. Some states require honoring browser signals such as Global Privacy Control as an opt-out request.
- Sensitive data. Some laws require opt-in consent to process sensitive data.
- Thresholds. Laws often apply only above certain volumes of consumers or revenue, which differ by state.
- Children. Stronger protections apply to minors’ data.
A “Do Not Sell or Share My Personal Information” link and a preferences center are common ways to comply. Verify the thresholds and requirements in the states where you operate.
Canada
Federal law, the Personal Information Protection and Electronic Documents Act, along with provincial laws in Quebec, Alberta and British Columbia, requires meaningful consent for collecting, using and disclosing personal information. Regulators view online identifiers and behavioral tracking as personal information in many contexts. Consent should be informed, with clear explanation, and the form of consent should reflect the sensitivity of the data. Implied consent may suit some analytics, while advertising tracking often warrants explicit choices.
Quebec’s Law 25 sets stricter requirements, including transparency, default privacy-protective settings for technology that identifies, locates or profiles people, and opt-in for such features. Also consider Canada’s anti-spam law for marketing emails, which is separate.
Consent models
| Model | How it works | Where it fits |
|---|---|---|
| Notice only | Policy and link | Low-risk sites with no tracking beyond essentials |
| Opt-out | Tracking runs until the user opts out | Typical US approach for advertising cookies, subject to local rules |
| Opt-in | Non-essential tags wait for consent | Safer baseline, expected under stricter regimes |
| Region-based | Different behavior by visitor location | Combines the above, but needs reliable detection |
Many merchants choose opt-in for marketing cookies globally for simplicity, though it reduces data volume.
Categorize cookies and tools
Inventory every cookie, pixel and script. Group them:
- Strictly necessary. Cart, security, load balancing. No consent needed.
- Preferences. Language, currency.
- Analytics. Traffic and behavior measurement.
- Marketing. Advertising, retargeting, social pixels.
Tag Manager makes it easier to control scripts by category. Re-scan periodically, because plugins and apps add trackers without notice.
Implement it properly
- Do not load non-essential tags before consent where opt-in applies.
- Make “Accept” and “Reject” equally easy, and avoid manipulative design.
- Offer granular choices and a way to change them later, such as a footer link.
- Store consent records with timestamps.
- Honor Global Privacy Control signals where required.
- Pass consent state to your tags with Google Consent Mode and similar mechanisms.
- Test in browsers to confirm tags really stop when consent is denied.
- Make the banner accessible by keyboard and screen reader.
Your privacy policy
Describe the data you collect, the purposes, the third parties you share with, retention periods and how people can exercise their rights. Keep it consistent with what your site actually does.
Effects on analytics
Declined consent means less data. Plan for it with modeled conversions where available, server-side measurement where appropriate and focus on trends instead of exact counts.
FAQ
Do I need a cookie banner in the US?
Not by a universal rule, but state privacy laws may require notice and opt-out options for tracking used in advertising. Many sites use a banner or preference link.
Does Canada require cookie consent?
Canadian privacy laws require meaningful consent for personal information, which can include tracking identifiers. Quebec has stricter rules.
What is Global Privacy Control?
It is a browser signal indicating a user’s opt-out preference. Some state laws require businesses to treat it as a valid opt-out request.
Are necessary cookies exempt?
Yes. Cookies essential for the site to function, such as cart and security cookies, generally do not need consent, though they should be disclosed.
Sources and further guidance
Platform features and requirements change. Check the linked primary documentation for your implementation.
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