Bill > S08641

This bill, titled "Provides website and mobile application users the right to refuse non-essential cookies; prevents operators from making additional requests for the use of non-essential cookies," aims to enhance user privacy by giving individuals more control over their online data. It defines "cookies" as small text files created by web browsers, distinguishing between "essential cookies" necessary for basic website functionality (like security) and "non-essential cookies" used for purposes such as analytics, marketing, or remembering user preferences. The bill mandates that website and mobile application operators, referred to as "operators" who collect data from New York residents, must obtain explicit "consent" – a freely given, specific, and unambiguous agreement – from users before using any non-essential cookies. Operators will be required to clearly present users with an option to refuse non-essential cookies, displayed prominently and at the same level as an option to accept them, and must provide a continuous way for users to disable these cookies at any time. Additionally, operators must provide a clear privacy notice explaining the roles of different cookie types and the consequences of rejecting non-essential ones. Crucially, the bill prohibits operators from repeatedly asking users to consent to non-essential cookies after an initial rejection, unless the user later chooses to consent or enables a feature that requires them. The Attorney General is empowered to enforce these provisions, with the ability to seek injunctions, restitution, disgorgement of profits, damages, and civil penalties of up to $5,000 per violation.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/S8641