When most people think of digital marketing, their minds jump to YouTube ads, email blasts, or mobile payments. But beneath the surface lies a powerful tool that quietly fuels the entire online experience: cookies.

No, not the chocolate chip kind.

We’re talking about tiny bits of code that drive personalized content, ad targeting, and user analytics—while raising growing concerns around data privacy and regulation.

What Exactly Are Cookies?

Cookies are small text files placed on a user’s browser by a website. They help marketers track activity, store information, and personalize the online experience for their users.

Some cookies collect anonymous behavioral data (such as time spent on site or pages visited), while others store personal details (like login credentials or past purchases). What they all have in common is their ability to identify users as unique browsers, transforming mass audiences into segments with specific preferences.

And cookies don’t stop working when users leave your website. Many can continue tracking across sessions and domains.

For B2B companies, cookies can be a powerful tool for identifying high-value website visitors, personalizing content based on industry or buyer stage, and tracking activity that signals sales intent, such as pricing page views or repeat visits. This data supports more innovative lead scoring, nurturing, and account-based marketing (ABM) strategies.

First-Party vs. Third-Party Cookies

Cookies come in two main types:

• First-party cookies are created by the website you’re visiting. These are often functional cookies, essential for things like saving login info, remembering shopping carts, or recommending related products.

• Third-party cookies are set by external platforms and tools. These cookies are used for analytics, advertising, and tracking, allowing brands to deliver remarketing ads or gather behavioral insights. The data may reside in software such as Google Analytics, Facebook Ads, or a heat mapping tool, rather than on your own server.

In B2B, first-party cookies enable the tailoring of website experiences to known visitors, such as displaying relevant content to returning clients or partners. Third-party cookies are crucial for tracking long buyer journeys, facilitating retargeting for decision-makers across multiple touchpoints, and supporting tools like LinkedIn Ads or intent-data platforms.

Popular Marketing Tools That Use Cookies

If you’re using tools like Google Analytics, Hubspot, Marketo, Salesforce, MailChimp, SalesLoft, WooCommerce, or Shopify, you’re using cookies—likely a mix of both first-party and third-party.

Without cookies, marketers would be flying blind, and users would be bombarded with irrelevant content. 

For B2B organizations, platforms like Hubspot, Salesforce, and Marketo rely heavily on cookie data to automate campaigns, personalize outreach, and attribute leads to specific sources—vital for proving ROI and managing complex sales cycles.

Key Data Privacy Laws You Should Know

While the U.S. doesn’t currently have a universal law governing cookies, there are regional regulations you need to know:

COPPA – Children’s Online Privacy Protection Act

Applies to websites collecting data from children under 13. Marketers must avoid knowingly collecting personal info from young users.

CCPA – California Consumer Privacy Act

Applies to companies that:

• Make over $25M in annual revenue,

• Buy/sell data of 50,000+ California residents, or

• Generate 50% or more of their revenue from selling personal data.

If that’s you, your website must:

• Disclose what info is collected and why,

• Provide an opt-out option,

• Maintain a CCPA-compliant Privacy Policy.

GDPR – General Data Protection Regulation (EU)

If you market to, or store data from, European citizens, you must:

• Clearly inform users that cookies are being used,

• Gain explicit consent (via pop-ups),

• Allow users to adjust preferences and revoke consent at any time.

Cookie Consent Tools: Clickwrap vs Browsewrap

To stay compliant, most websites use pop-ups requesting cookie consent.

• Clickwrap: Requires users to opt in or out actively. This is the gold standard under GDPR.

• Browsewrap: Implied consent. Users are informed, but can continue browsing without taking action.

Due to increasing privacy standards, clickwrap is quickly becoming the norm.

Do You Need a Privacy Policy?

Yes, always.

If you’re collecting any kind of personal data, especially through cookies, you need a Privacy Policy. It should:

• Detail the types of cookies used,

• Explain how and why data is collected.

• Be specific to your site and tools (no copying and pasting from someone else!).

Many software providers require this documentation, even if you’re not bound by GDPR or CCPA. Consult legal counsel to get it right.

What About Terms & Conditions?

Unlike a Privacy Policy (which protects users), Terms & Conditions protect your business.

This document defines how your website can be used, establishes content ownership, and outlines what happens in the event of disputes.

Depending on your location and offerings, you may be legally required to have one. Even if not, it’s smart to include one on your site—and make sure it’s reviewed by legal professionals.

Your Action Plan

Not sure where to start? Follow these six steps:

1. Review Your Legal Obligations: Identify whether you fall under GDPR, CCPA, or COPPA based on your audience and business model.

2. Audit Your Cookies: Know which first- and third-party cookies are on your site, and what they do.

3. Install a Consent Tool: Use a clickwrap-style pop-up to get proper user consent and allow opt-in/out functionality.

4. Draft a Custom Privacy Policy: Detail your cookies, data storage, and usage. Avoid templates—have a legal team review it.

5. Write Your Terms and Conditions: Define Usage Rules and Protect Your Business. Again, get legal input.

6. Make It Accessible: Link to your Privacy Policy and Terms & Conditions in your footer or pop-up. Some platforms won’t approve ads without it.

Cookies may be a behind-the-scenes element of digital marketing, but they carry major weight when it comes to user experience, analytics, and compliance. The better you understand and manage them, the stronger your marketing—and your trust with customers—will be.

 And in the B2B world, where trust, precision, and relationship-building matter most, cookies and compliance aren’t just technical details, they’re a competitive edge.

Disclaimer

This information is for educational purposes only and is not meant to provide legal advice. Before implementing any policies regarding cookie consent, Privacy Policies, or Terms & Conditions, it is recommended you work directly with your lawyer. Site-Seeker is not liable for any actions taken against a business related to the above information or policies.