Cookie Consent Requirements for US E-Commerce Businesses

With all the different jurisdictions around the world and the ease with which visitors from those countries can visit a US-based e-commerce website, it’s often difficult for online businesses to know what regulations to adhere to. Since GDPR started in the EU, e-commerce businesses have been adding cookie consent to their websites to comply with the regulations.

If your website is receiving visitors and processing orders for customers in cookie consent jurisdictions, you’ll need to take a look at your compliance status.

Does My E-Commerce Website Need Cookie Consent?

Yes. Even though US-based businesses don’t need to implement cookie consent under US law in most states, the EU and some other jurisdictions require it from websites that are visited by their citizens. Implementing cookie consent is therefore encouraged for websites based in the US. Unless the website blocks access for customers from jurisdictions with cookie consent laws, they must be compliant.

Local US-Based Cookie Consent Laws for E-Commerce Websites

There are some US jurisdictions that are updating their data privacy laws and starting to implement more rigorous requirements.

One of these is the California Consumer Privacy Act (CCPA). While CCPA doesn’t require informed cookie consent, it does require full disclosure and a method to opt-out of non-essential cookies.

Virginia’s VCDPA gives consumers the right to access and delete their personal information and requires explicit cookie consent like GDPR. Wisconsin is in the process of passing a data privacy bill. Colorado, Connecticut, and Utah have also had their own data privacy laws enacted recently.

There are also provisions specifically for minors in many regulations, so be sure to research those to ensure complete compliance.

Conclusion

All of this may seem like a lot to keep in mind, but there are benefits to privacy laws for both you and the customer, such as avoiding fines and penalties and building customer trust.