Legal affiliate Documents

terms and condistions 900x588 1 600x540 - What Are Cookies and Are There Specific Rules for Using Cookies on Affiliate Websites? How Do cookies Work in Affiliate Marketing?

Are There Specific Rules for Using Cookies on Affiliate Websites? 

Introduction

Cookies are the backbone of affiliate tracking. They allow merchants to know which affiliate referred a sale, and they ensure affiliates get credit for their hard-earned traffic. But as digital privacy concerns grow, cookie usage is increasingly regulated — especially on affiliate websites.

If you’re an affiliate marketer or manage an affiliate program, ignoring cookie laws can put you at legal risk, damage your brand, or even get your site blacklisted.

In this comprehensive 2024 guide, you’ll learn:

  • What cookies are and how they’re used in affiliate marketing

  • The most important laws that regulate cookies (GDPR, ePrivacy, CCPA)

  • Which types of cookies require consent — and which don’t

  • How to implement cookie banners correctly

  • Best practices to stay compliant without ruining user experience

Whether you’re a solo blogger or managing a multi-site affiliate operation, here’s what you need to know.

What Are Cookies and How Do They Work in Affiliate Marketing?

Cookies are small text files stored in a user’s browser. In affiliate marketing, they’re typically used to:

  • Track user referrals from an affiliate’s website to a merchant

  • Attribute sales or leads to the correct affiliate

  • Set cookie durations (e.g., 30 or 90 days) to determine how long a referral remains valid

There are different types of cookies used in this context:

  • First-party cookies: Set by the website the user is visiting (e.g., your blog)

  • Third-party cookies: Set by a domain other than the one the user is visiting (e.g., affiliate networks)

Affiliate cookies are almost always third-party cookies, which makes them subject to strict regulation.

The Major Privacy Laws Governing Affiliate Cookie Use

1. GDPR (General Data Protection Regulation) – EU and EEA

The GDPR requires informed, prior consent before placing cookies that are not strictly necessary. Affiliate tracking cookies fall under this rule.

Key GDPR points:

  • You must ask for explicit consent before setting tracking cookies

  • Consent must be freely given, informed, and revocable

  • Users must be able to deny or withdraw consent without penalty

  • You must keep a record of consents

Simply stating “we use cookies” in your footer is not enough under GDPR.

2. ePrivacy Directive (a.k.a. the “EU Cookie Law”)

Closely related to the GDPR, this law requires:

  • Clear notice about cookie use

  • Consent before non-essential cookies (like affiliate trackers) are placed

The ePrivacy Directive is currently being replaced by the ePrivacy Regulation, which may introduce even stricter rules.

3. CCPA / CPRA (California Consumer Privacy Act)

While not as strict as the GDPR, the CCPA requires:

  • Disclosure of what cookies are used

  • Explanation of what data is collected and why

  • A “Do Not Sell My Personal Information” link if cookies are used for cross-site tracking

Affiliate cookies can be considered “selling data” under CCPA — especially if you’re passing user data to third-party advertisers.

4. Other National Laws

  • UK-GDPR: Mirrors EU GDPR post-Brexit

  • LGPD (Brazil): Similar to GDPR with consent obligations

  • POPIA (South Africa): Requires clear user consent for tracking

  • Australia’s Privacy Act: Less strict, but evolving

If you have global traffic, assume you need consent for affiliate cookies.

Which Cookies Require Consent?

 

Cookie Type Consent Required?
Necessary cookies ❌ No
Analytics (Google Analytics) ✅ Yes (under GDPR)
Affiliate tracking cookies ✅ Yes
Retargeting/Ad cookies ✅ Yes
Functional cookies (e.g. language preferences) ✅ Often

Affiliate cookies = require prior consent in almost every major jurisdiction.

What Happens If You Don’t Comply?

Failing to comply can lead to:

  • Fines and legal action (up to €20 million or 4% of global revenue under GDPR)

  • Affiliate programs banning your account (e.g., Amazon or Awin)

  • Browsers blocking your cookies

  • Loss of trust with visitors and customers

Affiliate marketers often ignore cookie laws — until it’s too late. Don’t be one of them.

How to Implement Cookie Consent Properly on an Affiliate Website

1. Use a Legitimate Cookie Consent Tool

Popular tools that support compliance include:

  • Cookiebot

  • Complianz

  • OneTrust

  • Termly

  • Osano

These tools help:

  • Block non-essential cookies until consent is given

  • Store consent logs

  • Allow users to update or withdraw consent easily

2. Customize Your Cookie Banner Correctly

Do’s: ✅ Use clear, non-deceptive language
✅ Separate “Accept” and “Decline” buttons
✅ Provide a “Cookie Settings” option
✅ Mention affiliate tracking where relevant
✅ Link to a full cookie policy

Don’ts: ❌ Use pre-checked boxes
❌ Hide the decline button
❌ Automatically drop cookies before consent

3. Create a Clear Cookie Policy

Your policy should include:

  • What cookies you use

  • Why they’re used

  • Who sets them (you vs third party)

  • How long they last

  • How users can control cookies

Example excerpt:

“We use cookies to track referral links from our partners. These cookies help us credit affiliates when you make a purchase. You can disable tracking cookies in your browser or decline them in our cookie banner.”

Best Practices for Affiliate Marketers

  • ✅ Always use a cookie consent banner if you monetize with affiliate links

  • ✅ Keep a list of all third-party cookies used on your site

  • ✅ Avoid using affiliate links in iframes or auto-redirects

  • ✅ Work only with affiliate programs that support privacy compliance

  • ✅ Check how affiliate platforms handle cookie duration, consent, and opt-outs

  • ✅ Update your cookie policy regularly, especially if your tech stack changes

🔮 The Future of Affiliate Tracking Without Cookies

With Google phasing out third-party cookies in Chrome , and Apple’s Safari and Firefox already blocking them by default, many affiliate marketers are asking:

“What happens to affiliate tracking when cookies are gone?”

This shift is massive — but it doesn’t mean the end of affiliate marketing. It just means evolution.

a. Why Are Cookies Disappearing?

  • Privacy concerns from regulators (GDPR, ePrivacy, etc.)

  • Browser restrictions to protect users

  • Big tech competition — platforms like Apple want more control over user data

  • Growing demand from users for more transparent and respectful data practices

b. Limitations of Cookie-Based Affiliate Tracking

Even today, cookie-based tracking has flaws:

  • Can be blocked by browser settings or extensions

  • Doesn’t work well across devices (e.g., click on phone, purchase on laptop)

  • Limited in lifespan (30–90 days or less)

  • Susceptible to “cookie stuffing” or fraud

So the industry is moving toward cookieless alternatives.

🧠 Alternatives to Cookie Tracking for Affiliates

1. Server-Side Tracking (Postback URLs or S2S Tracking)

Instead of placing a cookie on the user’s browser, the merchant’s server communicates directly with the affiliate network’s server when a conversion happens.

Pros:

  • Not blocked by browsers

  • More accurate

  • Better fraud detection

Cons:

  • Requires deeper technical integration

  • Harder for beginner affiliates to implement

Platforms like Impact, Partnerize, and Everflow already support this.

2. First-Party Tracking

Here, tracking scripts are hosted on the merchant’s own domain, not a third party.

Example:
Instead of loading track.affiliatenetwork.com, the script comes from shop.example.com.

Pros:

  • More privacy-friendly

  • Avoids ad-blockers and browser restrictions

  • Works better with modern analytics stacks

3. Fingerprinting (⚠️ Risky)

Uses a combination of data points (IP, device type, browser version) to identify users without cookies.

⚠️ Warning:
This method is increasingly illegal under GDPR and ePrivacy. Avoid unless you fully understand the compliance risk.

4. Affiliate IDs in URLs (Session-Based Tracking)

Some merchants now track referrals using unique IDs in URLs and maintain sessions server-side (without cookies). This method:

  • Works for single-session purchases

  • Doesn’t persist over days/weeks

  • May not support recurring or delayed sales

🧩 How Affiliate Programs Are Adapting

Forward-thinking affiliate networks are:

  • Offering hybrid tracking (cookies + server-side + first-party)

  • Supporting API-based tracking

  • Helping publishers migrate to consent-based models

  • Adding attribution windows that credit affiliates even without traditional tracking

For example:

  • Awin offers “MasterTag” for cookieless tracking

  • Impact.com uses “Tracking Without Cookies” via API + fingerprint fallback (with user consent)

  • Amazon Associates relies less on traditional cookies and more on in-session tracking via affiliate IDs

🔐 What Should Affiliates Do to Prepare?

  • ✅ Choose affiliate programs with modern tracking capabilities

  • ✅ Ask networks whether they support server-side or cookieless tracking

  • ✅ Implement cookie banners that align with consent frameworks (IAB TCF 2.2 if you’re in the EU)

  • ✅ Stay updated on browser trends, especially in Chrome and Safari

  • ✅ Diversify your monetization beyond cookie-dependent links (e.g., use direct promo codes, influencer codes, QR codes)

Conclusion: Cookieless ≠ Trackless

Yes, the industry is changing. Cookies are fading — but tracking isn’t going away. It’s just becoming smarter, cleaner, and more privacy-aware.

If you prepare now, adopt better tools, and stay compliant, you’ll not only survive — you’ll thrive in the next era of affiliate marketing.

Final Thoughts

Yes — there are specific rules for using cookies on affiliate websites, and they’re becoming stricter each year. As an affiliate marketer or program owner, it’s your responsibility to ensure your site is compliant.

By being transparent, obtaining proper consent, and using the right tools, you protect your visitors, your brand, and your business. More importantly, you build trust — which is the cornerstone of successful affiliate marketing.

In short:
If your affiliate links rely on cookies — your compliance should be airtight.