What percentage of opt-in cookie consent banners ignore visitors’ choices?
While a significant number of Fortune 500 companies deploy a “notice + opt-in consent” cookie banner, some of those banners appear to have no impact on whether the website actually deploys cookies. Put differently whether a website visitor opts-in (e.g., clicks “agree”) or does not opt-in (e.g., clicks “reject”) the website continues to deploy the same number of advertising cookies.
In order to determine the rate of cookie banner deployment, BCLP reviewed the websites of each company listed on the Fortune 500.1 BCLP’s full analysis, which is available to firm clients, includes the rate of cookie banner deployment broken down by industry, the quantity of advertising cookies deployed between industries, and the number of companies that do, and do not, classify their use of advertising cookies as the “sale” of personal information.
Based upon our study, 56.6% of companies that utilized a cookie banner that purported to seek opt-in consent did not, in fact, alter the quantity of cookies deployed based upon whether a visitor agreed to the banner.
For more information and resources about the CCPA visit http://www.CCPA-info.com.
This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes. You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.
1. Websites of each company were reviewed during the first quarter of 2020 from an IP address associated with Los Angeles, California, using Chrome for iOS Version 79.0.3945.88 (official build) (64 bit). Advertising cookies were identified using Ghostery for Chrome Version 8.4.4. In situations in which a Fortune 500 company was a holding company that did not operate a significant website, the website of one of the holding company’s operating units was examined.
This document provides a general summary and is for information/educational purposes only. It is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.