There are multiple ways in which cookie notices can be configured. Typically, a cookie notice will fall into one of three formats:
In order to help companies understand and benchmark industry practice, BCLP analyzed a random sample of the homepages of the Fortune 500 to better understand their use of cookie notices and cookie banners.1 As of December 14, 2019, only 28% of companies were deploying some form of cookie notice.2 As the following chart illustrates, among the companies that were deploying notices there was little standardization in terms of whether notice, opt-out, or opt-in disclosures were utilized:
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. Using a computer random number generator, BCLP selected 10% of the companies listed among the Fortune 500 in 2019. Revenues for the selected companies ranged from $85 billion to $5 billion. While BCLP did not conduct statistical analysis to determine whether the sample selected accurately represented the range of businesses in the United States, the sample contained companies focused on retail, financials, food, agriculture, manufacturing, entertainment, and energy. BCLP/601337099.
2. Note that some companies in the survey population maintain multiple homepages. For example, a corporation might own several different retail brands. The survey focused only on the homepage of the corporate parent (if available) and did not analyze brand-specific practices. If no corporate homepage was available the survey reviewed the website of the company’s most prevalent brand.
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.