10-Steps for Navigating Website Privacy Consent Banners

Step 1

Identify Cookies Collected

Scan your website periodically to identify:

• Plug-Ins
• Third Party Collecting Cookies
  

Step 2

Categorize Cookies

• Essential Cookies
• Performance and Functionality Cookies
• Analytics and Customization Cookies
• Advertising Cookies
• Social Networking Cookies
• Unclassified Cookies

Step 3

Auto-Block Collection

• Auto-block all cookies until after consent is provided.

Step 4

Privacy/Cookie Policy

• Create a website privacy policy and cookie policy that identifies the cookies by category and the 3rd party providers collecting cookies.
• Modify the privacy policy/cookie policy as the website and providers change.

Step 5

Website Banner

• Create a custom banner that permits the acceptance and rejection of non-essential cookies.

Step 6

Preference Center

• Allow consumers to change their consent options at any time with a Preference Center

Step 7

Privacy Requests

• Enable consumers the ability to make privacy requests so that your designated individual may properly respond and manage requests.

  
  

Step 8

Review Website

Banner properly installed. No interference with accessibility tool.

Easy access to:

• Privacy Policy/Cookie Policy;
• Preference Center; and
• Privacy Requests.

Step 9

Data Processing Agreements (DPAS)

DPAs typically address issues such as:

• The specific purposes for which the personal data will be processed;
• The categories of personal data that will be processed;
• The duration of processing;
• The geographic scope of processing;
• The security measures that will be implemented to protect personal data;
• The rights of individuals with respect to their personal data; and
• The obligation of the parties to comply with applicable law.

Step 10

Protect Data (FTC Safeguards Rule)

• Protect customer information/data collected by adhering to the FTC Safeguard Rule, which you are already required to follow.
• Revised Rule took full effect on June 9, 2023 with violations of up to $50,120 per violation.