Contents
Big Data and privacy breaches remain critical concerns for businesses in 2025. With data analytics and tracking technologies evolving rapidly, protecting personal information is more important than ever.
Following high-profile incidents like the Facebook Cambridge Analytica scandal and the latest updates in GDPR compliance, concerns about collecting personal information online have once again moved into the spotlight. For many Australian startups and small businesses, especially those with an online presence, understanding your data obligations is essential.
As the owner of a startup or small business, it’s very likely you’re setting up a website for your company. In today’s digital environment, transparency about data collection is key to building trust with your audience.
That’s why it’s important to consider whether you need a cookie pop-up to inform your website visitors that their browsing data may be collected and used.
What Exactly Is A Cookie?
Unlike the sweet treat, online cookies are small text files stored on your computer by your web browser. They help websites remember your preferences and activity.
Many websites use cookies to retrieve personal information about a visitor, enabling a tailored online experience. For example, cookies can store login details or track previous interactions, making your online journey smoother.
Online businesses often use cookies to enhance website accessibility or conduct targeted advertising. While this personalised approach can improve user experience, it also raises important privacy questions.
Sound a bit invasive? This is precisely why you need to consider the privacy implications of using cookies, and why implementing a cookie pop-up on your website can be a wise move.
How Does The Law Regulate Cookie Use?
In Australia, there isn’t a standalone law that specifically regulates the use of cookies. Instead, guidance is provided through the Australian Privacy Principles (APPs), which have recently been reinforced by the Office of the Australian Information Commissioner (OAIC) in 2025.
The APPs apply to cookies primarily in the following situations:
- When the website collects personal information about anyone other than the person browsing;
- If the person browsing is unaware that their personal information is being collected.
While Australian law does not mandate a cookie pop-up, implementing one remains best practice for ensuring transparency and fostering user trust. It’s also crucial if you have international visitors.
If your website attracts users from the European Union, the enhanced GDPR rules—revised for the current regulatory landscape in 2025—require that you obtain user consent before cookies that identify or track individuals are set.
GDPR Compliance And Cookie Use
The enhanced GDPR regulations now mean that any website, even those hosted in Australia, must comply with strict rules when it comes to processing the personal data of EU visitors. Cookies that collect identifying data, often referred to as “cookie identifiers,” are considered personal information under these rules.
When cookies on your website gather data about an individual, that information falls under GDPR oversight. This is why including a cookie pop-up isn’t just a good idea—it’s essential for meeting international data protection standards.
To ensure full compliance, even Australian websites must ask users to actively consent to the use of cookies. This is why many businesses now use cookie pop-ups as a simple yet effective tool to abide by these regulations.
For further clarity on your legal obligations, you might want to check out our guide on legal requirements for starting a business and when you need a privacy policy.
What Should My Cookie Pop-Up Include?
A well-designed cookie pop-up on your website should include the following information:
- A clear statement informing the user that your website uses cookies;
- An option for users to accept or decline cookie use;
The GDPR also mandates that websites provide users with the ability to opt-out of cookie use, so ensure your pop-up facilitates this choice easily.
You can integrate a cookie pop-up into your website with a banner at the bottom of the window. This banner should notify users that cookies are in use and offer them the chance to accept or decline, thereby ensuring your website remains compliant with both domestic guidance and international regulations.
This approach not only meets the requirements of the GDPR but also demonstrates your commitment to protecting user data and maintaining a trustworthy online presence. For advice on setting up robust online legal frameworks, you might also find our article on website terms and conditions helpful.
What To Take Away…
As a startup or small business owner, your website plays a crucial role in engaging with customers. In 2025, data collection and privacy are top priorities, particularly following the recent updates in GDPR compliance.
To avoid potential privacy breaches or issues with data collection, it’s a smart move to consider incorporating a cookie pop-up on your website. This not only safeguards your business but also reassures your customers that their personal information is handled transparently.
If you have any questions about GDPR compliance or whether to include a cookie pop-up on your website, feel free to reach out. We’re here to help! For additional insights on managing your online legal obligations, you might also want to explore our guide on starting a business from home.
Looking ahead, staying informed and adaptable is key as online privacy laws continue to evolve. Whether you’re updating your cookie policy or ensuring your website terms are current, taking proactive steps now will help secure your business and build lasting trust with your users.
Get in touch now!
We'll get back to you within 1 business day.
Top 3 Legal Mistakes
Book in a free consultation with us to discuss your legal needs.
0 Comments on "Cookie Pop-Ups, Do I Need One? (2025 Updated)"