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IOWA and Cookies: All you need to Know

IOWA and Cookies: All you need to Know

11 days ago
João Bruno Soares
1 minute

Iowa Cookies Policy: What It Is and Why Your Business Must Act Now


Iowa has officially joined the growing list of U.S. states with its own comprehensive privacy law — the Iowa Consumer Data Protection Act (ICDPA).

This law, effective January 1, 2025, isn’t just another piece of legal paperwork; it’s a rulebook for how businesses must treat personal data, including the small but mighty cookies your website uses.


If you run a business that collects data from Iowa residents — whether through a contact form, newsletter signup, analytics tool, or advertising pixel — you now have new responsibilities.

And, yes, this includes the way you display and operate your cookie notice or cookie banner.


Why the ICDPA matters for cookies and consent


Cookies aren’t just “little bits of data” that make a website work smoother.

They can track Browse behavior, remember preferences, and even help personalize ads.

Under the ICDPA, businesses must tell users exactly what’s being collected, why, and give them the option to say no — before non-essential cookies are placed.


This means a compliant cookie banner can no longer be a “tick the box and forget it” step. It must be:


  • Clear: Explaining in simple terms what cookies do (and not hiding it in fine print).

  • Actionable: Offering users an easy way to reject all non-essential cookies as well as accept them.

  • Detailed: Categorizing cookies (e.g., necessary, analytics, marketing) so visitors can choose what they allow.

With a Consent Management Platform (CMP) like AdOpt, this process is automated — scanning your site, categorizing cookies, and blocking them until consent is given.


Beyond banners: what “compliance” really means


The ICDPA doesn’t just care about the banner itself; it’s about the entire consent journey:


  • Transparency: Your privacy policy must explain your data practices in plain language, not legalese.

  • Opt-out management: If a user changes their mind, you must have a quick way to remove their data or stop certain tracking — and respond within the legal timeline.

  • Record keeping: Consent logs need to be stored securely, ready to prove compliance if questioned.

Many businesses underestimate this last point. Without proof of consent — stored in a secure, encrypted way — you’re at risk of non-compliance, even if your banner looks perfect.


What makes Iowa’s law different


Compared to other state privacy laws, Iowa’s ICDPA is considered more “business-friendly.” It:


  • Does not require a “right to correct” personal data.

  • Doesn’t explicitly give users the right to opt out of targeted advertising — but does require clear disclosure and a way to opt out if you do it.

  • Offers a generous 90-day “cure period” to fix violations before fines kick in.

However, don’t let the “friendlier” rules fool you. Fines can reach $7,500 per violation if you don’t act, and ignoring these requirements could erode customer trust — something much harder to recover than a fine.


Why acting now is smarter


Even if your site already follows GDPR, CCPA, or other privacy laws, there are always small differences in definitions and requirements that can trip you up.

By setting up your compliance tools now — like a customizable, Google-certified CMP such as AdOpt — you:


  • Avoid last-minute scrambles before January 2025.

  • Keep your site’s design and user experience intact while staying compliant.

  • Build trust by showing visitors you respect their privacy from the first click.

In short: the sooner you align your cookies and consent process with the ICDPA, the easier it will be to keep both the law — and your visitors — on your side.


When the Law Takes Effect and Who Must Comply


The Iowa Consumer Data Protection Act (ICDPA) will take effect on January 1, 2025. That might sound far away, but in the world of privacy compliance, it’s right around the corner.

Businesses that wait until the last minute often end up rushing changes, risking mistakes, and, worse, breaking user trust.

The smart move is to start preparing now — especially if your website uses cookies or tracks user behavior in any way.


Who’s in the ICDPA’s scope


The law is aimed at businesses that meet one of two main criteria:


You handle personal data from 100,000 or more Iowa consumers in a calendar year.


You handle personal data from at least 25,000 Iowa consumers AND make over 50% of your gross revenue from selling personal data.


In this context, personal data means any information that can identify someone directly or indirectly — from a name and email to Browse habits collected through cookies.

So if you’re running analytics, ad tracking, or other marketing tags, you’re likely processing personal data.


Common exemptions


Not every organization is covered.

The ICDPA exempts:


  • Data already regulated by the Fair Credit Reporting Act (FCRA).

  • HIPAA-covered health data.

  • Nonprofit organizations.

  • Higher education institutions.

But be careful — thinking you’re exempt without checking the details can be risky.

Even if your main data falls under an exemption, other parts of your operations (like marketing) might still need compliance adjustments.


What this means for cookie compliance


If your website uses cookies for anything beyond the strictly necessary functions — like analytics, advertising, or personalization — the ICDPA expects you to:


  • Tell users exactly what’s happening before those cookies run.

  • Give them a real choice to accept or reject non-essential cookies.

  • Keep a record of their decision in case you need to prove compliance later.

This is where a Consent Management Platform (CMP) like AdOpt can save you headaches.

A CMP automatically scans your site, categorizes cookies, blocks them until consent is given, and stores consent logs securely.

That means you can meet ICDPA requirements without manually chasing every tag and script on your site.


Even though Iowa’s law offers a 90-day “cure period” to fix violations before fines (up to $7,500 per violation) are applied, relying on that cushion isn’t a smart strategy.

The better approach is to make your cookie banner, privacy policy, and consent process compliant now — so by the time January 2025 arrives, you’re already ahead of the game.


Who Is Exempt (and Who Thinks They Are, but Aren’t)


The Iowa Consumer Data Protection Act (ICDPA) does recognize that not all organizations need to follow its rules.

Certain types of entities and certain types of data are exempt from the law’s scope.

But here’s the catch: even if you’re partially exempt, that doesn’t mean you can skip cookie compliance altogether.


The clear exemptions


Under the ICDPA, you are fully exempt if:


  • You’re already regulated under the Fair Credit Reporting Act (FCRA) — for example, a credit bureau handling only credit report data.

  • You process only HIPAA-covered health data, such as hospitals or certain medical service providers.

  • You’re a nonprofit organization.

  • You’re a higher education institution.

In these cases, the assumption is that your data use is already heavily regulated by other laws.

But that’s where many businesses misunderstand the rules.


The “I thought we were exempt” problem


Plenty of companies believe they’re safe because part of their data is exempt — yet they still run marketing, analytics, and personalization tools that fall under ICDPA requirements.


For example:


  • A nonprofit university might be exempt for student academic records, but still needs to manage consent for cookies used on its admissions or fundraising website.

  • A medical practice covered by HIPAA for patient files could still be on the hook for tracking visitors via Google Analytics or Facebook Pixel.

  • A business handling FCRA-regulated data might still need to disclose and manage consent for non-FCRA data collected on its site.

This is where cookies make a big difference. If you’re using non-essential cookies — those that go beyond basic site functionality — the ICDPA expects you to:


  • Clearly tell users what you’re collecting and why.

  • Let them opt in or opt out before you start tracking.

  • Keep a secure record of that choice.

A cookie banner alone won’t guarantee compliance.

You need a process — or better yet, a tool — to block cookies until the user gives permission, categorize them correctly, and store that consent safely.


That’s exactly what a Consent Management Platform (CMP) like AdOpt does automatically, without breaking your site’s design or user experience.


So, even if you fall into an “exempt” category, take a close look at your digital touchpoints.

Your privacy policy, cookie notice, and consent flow may still need an update — because the moment you collect data outside of your exemption, you’re back under ICDPA’s rules.


Key Requirements Under the Iowa Consumer Data Protection Act (ICDPA)


The Iowa Consumer Data Protection Act (ICDPA) sets a clear list of responsibilities for businesses handling personal data from Iowa residents. While it covers a wide range of privacy practices, there are some specific requirements you should pay close attention to — especially if your website uses cookies, tracking scripts, or any other online data collection tools.


Rules on Cookie Collection and Use


If your website drops cookies for anything beyond strictly necessary functions (like remembering items in a shopping cart), you’ll need to follow ICDPA’s transparency and choice principles:


  • Inform before you track – You must clearly tell visitors which cookies you use, why you use them, and what kind of data they collect. Avoid burying this in your privacy policy alone — it needs to be front and center in a cookie banner or similar notice.

  • Get real consent – Non-essential cookies (analytics, marketing, personalization) can’t run until the user agrees. This is why having a Consent Management Platform (CMP) is crucial — it can block these cookies automatically until the user clicks “accept.”

  • Give equal choices – Provide an easy way to reject all non-essential cookies as well as accept them, without forcing users into endless clicks.

An advanced CMP like AdOpt goes beyond showing a banner — it scans your site for cookies, categorizes them into groups like “necessary,” “analytics,” or “marketing,” and manages consent logs so you’re always audit-ready.


Handling Sensitive Data and Children’s Data


The ICDPA defines sensitive data as information that reveals things like race, religion, health status, sexual orientation, or precise geolocation. If you collect any of this through your website or apps, you must:


  • Get clear opt-in consent before processing.

  • Be transparent about why you’re collecting it and how you’ll use it.

For users under 13, you’ll need parental consent before processing their personal data — in line with the federal COPPA (Children’s Online Privacy Protection Act) rules.


Data Security and Retention


Collecting less data is a good privacy habit, but the ICDPA also requires that any personal data you do store is:


  • Securely protected against unauthorized access.

  • Kept only as long as necessary for its stated purpose, then deleted or anonymized.

This is where data mapping becomes important. It helps you know exactly where personal data is stored, how long you’ve had it, and when it needs to be removed.


Additional Transparency Requirements


Besides cookies and security, the ICDPA expects businesses to:


  • Maintain a clear and accessible privacy policy with up-to-date information about data collection and rights.

  • Provide straightforward channels for users to exercise their rights, such as requesting data access or deletion.

  • Respond to such requests within 90 days (with one 45-day extension allowed for complex cases).

In practice, this means your cookie banner, privacy policy, and data handling processes must work together as part of a privacy by design approach — where compliance is built into your website’s operation from the ground up, not added on as an afterthought.


How to Prepare Your Website for the Iowa Cookies Policy


The Iowa Consumer Data Protection Act (ICDPA) takes effect on January 1, 2025 — and if your website uses cookies, tracking pixels, or other online data tools, preparation starts now.

The goal is simple: give users clarity and choice, while keeping your business compliant and your website running smoothly.


Step 1: Audit All Cookies and Scripts


Start with a full cookie and tag audit. This means identifying every cookie, pixel, and script running on your site — from analytics tools to ad trackers.

Many businesses are surprised to find dozens of hidden third-party scripts they didn’t know were there.


You can do this manually, but a Consent Management Platform (CMP) like AdOpt can automate the process, scanning your site, categorizing each cookie (necessary, analytics, marketing, etc.), and keeping the list up to date.



Step 2: Implement a Compliant Cookie Banner


Your cookie banner is your first line of communication with users. Under the ICDPA, it should:


  • Clearly explain what cookies do and why you use them.

  • Offer a “Reject All” option as easy to find as the “Accept” button.

  • Block non-essential cookies until the user gives permission.

With AdOpt’s cookie notice solution, cookies are automatically blocked until the user opts in, keeping you compliant without breaking your site’s features.


Step 3: Create or Update Your Cookie Policy


Your cookie policy is where you go into detail — what cookies you use, their purpose, duration, and providers.

It should be linked directly from your banner and your main privacy policy.


An ideal privacy policy isn’t just about meeting legal requirements.

It’s about building trust by using plain language and showing users you respect their data.


Step 4: Train Your Team to Handle Data Requests


The ICDPA gives consumers the right to access and delete their personal data. Your team needs to know:


  • How to recognize a Data Subject Access Request (DSAR).

  • How to verify the requester’s identity.

  • How to respond within the 90-day limit (plus a possible 45-day extension).

A CMP with a built-in DSAR management tool makes this process smoother and ensures you have an audit trail for every request.


Step 5: Review and Update Regularly


Privacy compliance isn’t a one-time project — it’s an ongoing process. Review your cookie setup, privacy policy, and consent logs at least once a year. Regular updates keep you ready for:


  • New cookies added by plugins or third-party integrations.

  • Changes in privacy laws (state, federal, or international).

  • Updated user expectations for transparency and control.



With the right preparation — and tools like AdOpt — you can turn ICDPA compliance from a stress point into a competitive advantage.

A clear, user-friendly cookie experience doesn’t just keep you legal; it builds trust, which is priceless in today’s digital world.


Quick ICDPA Compliance Checklist


Think of the Iowa Consumer Data Protection Act (ICDPA) like a recipe — skip one ingredient, and the final dish (your compliance) just won’t work.

This quick checklist walks you through the essentials to keep your website and cookie practices in line with the law, without drowning in legal jargon.


  • [1] Identify all cookies and tags in use

Run a complete scan of your website to find every cookie, pixel, and tracking script.

Many site owners are surprised by how many third-party trackers are hiding in plugins or marketing tools.

A CMP like AdOpt automates this discovery and keeps it updated.


  • [2] Categorize cookies by purpose

Not all cookies are the same. Break them into groups like necessary, analytics, and marketing.

This helps users make informed choices — and is a core requirement under privacy laws.

See best practices for cookie categorization.


  • [3] Set up prior consent before activation

Non-essential cookies must be blocked until the visitor gives the green light. Your cookie banner should be clear, easy to understand, and offer a “Reject All” option alongside “Accept All.”


  • [4] Log and store consents securely

It’s not enough to ask for consent — you have to prove it later if needed. A good CMP keeps encrypted consent logs so you’re audit-ready.


  • [5] Provide a clear opt-out path

Visitors should be able to change their preferences or withdraw consent at any time.

This could be via a footer link, privacy settings page, or a persistent icon from your CMP.


  • [6] Maintain a clear and updated privacy policy

Your privacy policy should explain your cookie practices in plain language, include your categories, and link to your cookie settings.


  • [7] Set up a process for Data Subject Access Requests (DSARs)

The ICDPA gives users the right to access and delete their personal data.

Train your team and use tools that handle DSARs efficiently.


  • [8] Review and update regularly

Cookies, plugins, and regulations change. Review your setup at least once a year to stay compliant and avoid surprises.






Don’t Wait Until It’s Too Late


The Iowa Consumer Data Protection Act (ICDPA) is not just another regulation to read “when things slow down.”

It’s coming into force on January 1, 2025, and if your website uses cookies for anything beyond the strictly necessary, you need to start preparing now.


Waiting until December 2024 to act means rushing through cookie audits, banner setups, and privacy policy updates — often leading to mistakes that could cost you $7,500 per violation.

But the real cost isn’t the fine. It’s losing the trust of your customers because you weren’t upfront about how you use their data.


We’ve seen this happen before: businesses scramble at the last minute, slap a generic cookie banner on their site, and think they’re safe.

But regulators — and more importantly, users — are looking for more than just a banner.

They want clear choices, real control, and proof that you respect their privacy.


The good news? With a certified Consent Management Platform (CMP) like AdOpt, most of the heavy lifting is automated:


  • Your site gets scanned for every cookie and tracking script.

  • Cookies are blocked until consent is given.

  • Consent logs are stored securely for audits.

  • Your cookie notice stays up-to-date without you having to chase every new script.

And beyond just ticking the compliance box, you’re giving your visitors a smoother, more transparent experience — which is exactly what builds loyalty in today’s privacy-conscious market.


So don’t let the “90-day cure period” in the ICDPA fool you into thinking you can delay. Think of it as a safety net, not a strategy.

Start now, set up the right tools, and you’ll turn compliance from a headache into a competitive advantage.


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