Under the California Privacy Rights Act (CPRA), businesses must treat cookies and similar tracking technologies as part of personal data processing—especially when these tools are used to collect identifiable information like browsing history, location, or device data. This means that companies targeting California residents must now create a dedicated or clearly integrated Cookies Policy that meets CPRA requirements.

Unlike older data protection laws that only touched on cookies indirectly, the CPRA explicitly connects cookie use with consumer rights such as the right to opt out of data sales and limit the use of sensitive personal information. If your website drops marketing, analytics, or social media cookies, your policy must disclose this in detail. It must also offer users the ability to manage cookie preferences, not just inform them about tracking.

A CPRA Cookies Policy isn't optional—it’s a legal necessity.

This policy must clarify what types of cookies are used, why they are used, and how users can accept, reject, or adjust those settings.

Businesses must provide this level of transparency right from the first interaction with the user, usually through a cookie banner or preference center.

A CPRA-compliant cookies policy should go beyond a generic notice.

First, it needs to categorize cookies by purpose for example: strictly necessary, performance, functional, targeting, and tracking cookies.

Each of these categories should explain what data is being collected and which third parties (if any) receive that data.

The policy should also include a cookie opt-out mechanism, in line with CPRA’s expanded definition of “sale or sharing” of personal data.

This includes scenarios where third-party cookies track user behavior across sites for advertising purposes. Even if there’s no monetary exchange, the act of sharing this data with ad networks is now considered a “sale” under CPRA. As a result, your cookies policy must provide a “Do Not Sell or Share My Personal Information” link or feature within the banner or settings.

Additionally, if cookies are used to process sensitive personal information, such as location or health-related behavior, users must be given the right to limit the use of that data.

This is especially relevant for sites offering personalized health tools, location-based services, or financial calculators.

Not addressing this in your cookies policy is not only risky it’s non compliant.

The cookie banner is now a front-line compliance tool under CPRA. It must do more than notify users of cookie use; it should allow for active consent management.

A basic “By continuing to use this site…” message is no longer enough.

The CPRA expects that users will have the ability to customize their preferences by cookie type, and that non-essential cookies won't be loaded until consent is given.

Your banner should appear upon the first visit, be visually clear, and include a direct link to your full cookies policy and privacy policy.

It should also include an option for users to return to their preferences at any time.

This creates a “granular consent” model that aligns with both CPRA expectations and user trust best practices.

Preference centers, on the other hand, must allow users to revisit and change their cookie settings without friction.

This feature should be persistent on your website like a floating icon or footer link and should reflect real-time changes.

Any choices the user makes must be respected and recorded properly, meaning businesses need to sync their Consent Management Platform (CMP) with their cookies policy and data handling logic.

The CPRA strengthens the right to opt out of data sales and sharing, which directly impacts cookies used for behavioral advertising.

If your business uses third-party services that track user behavior across different websites (e.g., Google Ads, Meta Pixel, programmatic ad platforms), you’re likely “sharing” data under CPRA.

This requires a clear opt-out feature, and your** cookies policy** must explain exactly what happens with that data.

To operationalize this, you must integrate your cookies policy with technical tools that respect opt-out signals, including Global Privacy Control (GPC) headers.

When users enable GPC in their browser, your website must automatically respond by disabling tracking scripts that fall under the “sale/share” category.

Not doing so can be considered a violation even if the rest of your policy is well written.

Additionally, your policy should provide instructions on how users can withdraw consent or opt out at a later time, even if they initially accepted cookies.

This is critical for ongoing compliance and shows that your organization values data autonomy and control, two of the core principles behind the CPRA.

While the CCPA laid the foundation for consumer privacy rights in California, the CPRA brought deeper clarity and stronger obligations, especially regarding cookies. Under the CCPA, businesses were already expected to disclose data collection practices, but the rules around cookies were vague.

Now, the CPRA Cookies Policy must address cookie usage as a core part of personal data processing.

One major difference is the concept of “sharing” personal data, which the CPRA recognizes as distinct from selling.

Many cookies, especially those used by ad networks or analytics tools, fall into this sharing category. If your site uses these, the CPRA requires you to provide a clear opt-out mechanism for users not just information. That’s a significant expansion compared to the CCPA’s more lenient stance.

Another key change is the treatment of sensitive personal information. Cookies that collect precise geolocation or track detailed user behavior may trigger additional compliance requirements under the CPRA.

That means your cookies policy needs to be more transparent and more customizable than ever before, with greater attention to consent management and data minimization.

Your cookies banner is often the user's first interaction with your compliance strategy, and under CPRA, it must offer more than just a notice.

It should actively support user choice, transparency, and control.

Start by clearly labeling the categories of cookies being used (e.g., strictly necessary, analytics, marketing), and provide toggles or checkboxes so users can give granular consent.

An ideal CPRA cookies banner should include a "Do Not Sell or Share My Personal Information" link and a visible preference center.

This allows users to modify their choices anytime and aligns your experience with CPRA’s consent requirements.

Importantly, the banner should block non-essential cookies by default until the user actively opts in.

You should also ensure that your banner and preferences are accessible and visually compliant this includes being mobile-friendly and meeting accessibility standards.

Using a Consent Management Platform (CMP) that updates dynamically with regulatory changes can help automate much of this while maintaining user trust and legal coverage.

Third-party cookies are among the biggest compliance challenges under the CPRA Cookies Policy.

These are set by external platforms such as advertising networks, social media plugins, or embedded content and often track users across different websites.

Even if no money changes hands, the act of transferring this data can be classified as a “sale” or “sharing” under CPRA.

Your cookies policy must disclose each type of third-party cookie used, its purpose, and the name of the entity involved.

Transparency is key: CPRA expects you to clearly identify the partners you're working with, especially when their cookies are used for personalized ads or user profiling. If these cookies are active before consent is obtained, your business could be at risk of non-compliance.

Managing these cookies often requires deeper technical integration.

Businesses should implement script-blocking tools that only load third-party cookies after user consent.

Furthermore, regular audits should be conducted to identify any unauthorized or undocumented cookies, ensuring your policy reflects the real-time status of cookie usage on your website.

The CPRA defines Sensitive Personal Information (SPI) as a special category requiring stricter controls and some cookies absolutely fall into this category.

Cookies that track geolocation, health behavior, financial activity, or even user-generated content can be considered SPI, depending on how they function. If your site uses such trackers, the CPRA requires an additional layer of consent.

This means your** CPRA Cookies Policy** must allow users not just to reject all cookies, but to specifically limit the use of sensitive data.

You’ll also need to explain clearly what type of sensitive information is being collected and why. If SPI is processed for reasons beyond what is “reasonably necessary,” the user must have the option to opt out.

It’s not enough to bury these details in a generic privacy policy.

Your cookies documentation must spell out how SPI is processed, how consent is gathered and withdrawn, and how users can access or restrict this data.

Businesses that fail to highlight sensitive cookie tracking can face steep fines and lose consumer trust in the long run.

Compliance with CPRA isn’t a one-time event it's an ongoing commitment.

Your CPRA Cookies Policy must be reviewed and updated regularly, especially when introducing new cookies or modifying existing ones.

If your site starts using a new analytics tool or changes ad networks, this must be disclosed promptly in your cookies documentation.

Versioning your cookies policy is a smart move. Keeping a changelog allows you to demonstrate good faith compliance and show regulators (or users) when and why updates were made.

In addition, your Consent Management Platform should reflect these changes in real time to maintain sync between user preferences and actual cookie behavior.

Finally, ensure that your team is aware of regulatory updates and market best practices. Laws like the CPRA may evolve, and enforcement priorities shift.

Keeping your cookies policy aligned with these changes demonstrates proactive compliance and helps build a transparent digital experience that respects user privacy.

AdOpt helps you implement fully compliant cookie banners and consent solutions for California users. Talk to a compliance specialist today here.