US Likes Milk With Their Cookies — Not Popups Without Purpose

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In America, cookies belong with a cold glass of milk, not with a screen-blocking consent popup. But too many ecommerce sites serve U.S. customers a “cookie banner” that isn’t required by law here. It’s like offering cookies without milk — incomplete, awkward, and unsatisfying.

The result? Annoyed shoppers, higher bounce rates, and lost sales. Here’s when cookie banners do and don’t apply — and how to stay compliant without annoying your U.S. customers.

What U.S. Law Really Says

  • No federal banner requirement. U.S. privacy relies on disclosure + opt-out, not opt-in consent.
  • State laws (e.g., CPRA, VCDPA, CPA, CTDPA, UCPA). Require clear privacy notices, an opt-out for “sale/sharing,” and honoring Global Privacy Control (GPC) — but not a blocking cookie modal.
  • Checkout data ≠ cookie banner. Standard order info just needs disclosure in your privacy policy.

Why EU Sites Do It Differently

The EU’s ePrivacy Directive (“Cookie Law”) requires prior opt-in consent for non-essential cookies (ads, analytics, tracking). It applies if you operate an EU-registered business or actively target EU customers (EU language, EUR pricing, EU shipping, EU-targeted ads). “Strictly necessary” cookies (e.g., cart/session) are exempt.

What Counts as “Non-Essential Cookies”?

  • Essential (no consent): cart/session, login auth, load-balancing, security/fraud prevention.
  • Non-essential (consent required in EU/UK): analytics (GA/Hotjar/Matomo), ad/retargeting pixels (Meta/Google Ads), social plugins, personalization beyond current session.

Not just cookies (local storage, fingerprinting)

EU/UK rules cover any technology that stores or accesses data on the user’s device — not just cookies. JavaScript that writes to local/session storage, performs device/browser fingerprinting, or appends IDs to an existing cookie is treated the same way and typically needs consent in the EU/UK.

The UK After Brexit

The UK’s PECR (alongside UK GDPR) also requires prior, opt-in consent for non-essential cookies with clear “Accept/Reject.” “Strictly necessary” is exempt. The Data (Use and Access) Act 2025 may open exemptions for low-risk use (e.g., analytics), but opt-in remains the safe standard pending formal guidance.

The Cultural Difference: U.S. vs. Europe

  • U.S. shoppers: accept some data collection for relevance (better recommendations and ads). Nobody wants to go back to irrelevant ads.
  • Europe/UK: regulation prioritizes consent and control, even if it adds friction.

The UX Problem With Cookie Popups

  • Out of place: Americans don’t expect banners; unfamiliar shops can look foreign, which can spike abandonment.
  • Friction: with cart abandonment around ~70% globally, every extra click matters.
  • Off-brand: U.S. ecommerce is about speed and convenience, not compliance fatigue.

Best Practice: Keep It Simple in the U.S.

  • No banner for U.S. visitors. Use a clear privacy policy + “Do Not Sell or Share My Info” (CA).
  • Honor GPC signals. Many consent tools can auto-respect browser opt-outs.
  • Go geo-aware globally. Show EU/UK consent modal only to those visitors.

Bottom Line

Cookie banners are for the EU/UK — not the U.S. They don’t need to have cookies offered without milk.

Stop annoying Americans with cookie popups they don’t need. We just want it now.

References (Official Sources)

  • EU ePrivacy Directive (Directive 2002/58/EC, Article 5(3)) — EUR-Lex official text
  • EDPB Guidelines on Consent (2020) — valid opt-in standards
  • UK ICO — Cookies & similar technologies (PECR) guidance
  • UK Legislation — Data (Use and Access) Act 2025 (cookies/PECR reform)