Are consumers in Europe more likely than consumers in the United States to “opt-in” to cookies?”


Most cookie banners can be classified into one of three general categories: (1) notice only banners, (2) notice + opt-out banners, and (3) notice + opt-in banners.  If a company chooses to adopt a cookie banner that provides notice and solicits the opt-in consent (e.g., “I agree”) of website users, the company would have a strong argument that it does not need to disclose that it has sold information, does not need to forward deletion requests to the providers of its third party cookies, and does not need to include an “opt out of sale” link on its website.1

Companies often struggle with anticipating the percentage of users that are likely to accept the deployment of cookies when prompted.  There is relatively little empirical data publicly available concerning website visitors’ interactions with cookie banners.  The little data that exists, however, indicates that acceptance rates differ depending upon the location of the website visitor.  Specifically, users in some European countries (e.g., Sweden and the Netherlands) appear to “accept” cookies when presented with a cookie notice that solicits opt-in at rates that may be more than double the acceptance rate in the United States.2