Most websites use cookies in some form — for analytics, advertising, or functionality — but many founders are unclear on what legal obligations apply or what the difference is between a cookie policy and a privacy policy. Understanding what cookies are, why they trigger separate compliance requirements, and what a cookie policy must contain is relevant for any business with a website using tracking technologies.
A cookie policy explains what cookies and similar tracking technologies a website uses, what purpose each serves, and how visitors can control them. Cookies that are not strictly necessary — including most analytics and advertising cookies — require active user consent before being set. Consent must be easy to give and equally easy to withdraw. The cookie policy supports the consent process by providing the information visitors need to make an informed choice.
Cookie compliance is an area where many businesses fall short. A banner that obscures content until the user clicks accept, or one that makes rejecting cookies harder than accepting them, does not constitute valid consent. The ICO provides guidance on compliant consent and has issued enforcement action in this area. Our guide to cookie compliance for UK websites explains the requirements and how to implement them correctly.