The terms “cookie notice” or “cookie banner” refer to a banner, splash page, or other notice that deploys on a website to inform visitors that the site uses cookies. While such disclosures are fairly ubiquitous in the European Union owing to both the General Data Protection Regulation (“GDPR”) and the ePrivacy Directive, historically they have been less common in the United States. As companies consider strategies for complying with the CCPA’s notice, sharing, service provider, and sale provisions, attention is focusing on whether businesses in the United States will begin to use cookie notices as a compliance or risk mitigation tool.

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, 72% of the Fortune 500 were not deploying a cookie notice on their homepage; while 28% were deploying some form of cookie notice.2 Among those homepages that were not deploying a cookie notice, 88% were permitting third party behavioral advertisers to deploy cookies.3