Is Your WordPress Site Breaking Privacy Laws? Here’s How to Fix It in 2025

If you run a WordPress website, there’s a good chance it’s violating privacy laws right now—even if you have a privacy policy. This isn’t because you’re doing anything intentionally wrong. It’s because privacy regulations have evolved dramatically over the past few years, and most websites haven’t kept up.

Here’s what’s changed: Laws like GDPR (Europe), CCPA/CPRA (California), and similar regulations in Virginia, Colorado, Connecticut, and other U.S. states now require specific technical implementations on your website—not just legal documents. Simply having a privacy policy isn’t enough anymore.

The good news? Getting compliant is straightforward when you know what to do. At Hey Reliable, we work with clients and their legal teams on WordPress privacy compliance implementation. If you’d like to learn what’s commonly needed for U.S. and E.U. privacy laws, we’ve compiled a full guide below.

Why This Matters (And Why You Can’t Ignore It)

Privacy compliance isn’t just about avoiding fines (though those can be substantial—up to 4% of annual revenue under GDPR, or $7,500 per violation under CCPA). It’s about:

• Legal protection – Reducing your exposure to lawsuits and regulatory action
• Customer trust – Transparent data practices build credibility with your audience
• Business relationships – Larger companies often require proof of compliance from vendors
• Future-proofing – More states pass privacy laws every year

If you collect any information from website visitors—even just through Google Analytics or a contact form—these laws apply to you.

Part 1: Cookie Consent Management (Where Most Sites Fail)

Let’s start with cookies, because this is the biggest compliance gap we see when auditing client websites.

What Are Cookies?

Cookies are small text files that websites save on your visitors’ devices. They remember things like:

• Whether someone is logged in
• Items in a shopping cart
• Language preferences
• Which pages they’ve visited

Some cookies are essential for your site to work. Others track visitors for analytics or advertising. Privacy laws now require you to handle these very differently.

The Two Types of Cookies

Essential Cookies – Required for your website to function:

• Session cookies that keep someone logged in
• Shopping cart cookies
• Security cookies that prevent fraud

You can use these without asking permission because they’re necessary for the service your visitor requested.

Non-Essential Cookies – Everything else:

• Google Analytics tracking
• Facebook Pixel
• Marketing tools like HubSpot or MailChimp tracking
• YouTube video embeds
• Social media share buttons

The critical rule: Non-essential cookies cannot load until your visitor gives explicit consent. Not implied permission. Not “by using this site you agree.” Actual, affirmative consent through a cookie banner.

Understanding Opt-In vs. Opt-Out

Privacy laws around the world take different approaches to cookie consent:

Opt-In (GDPR – EU/UK):
Tracking cannot happen unless a visitor actively clicks “Accept” or “Allow.” The default state is NO tracking. Non-essential cookies and scripts must be blocked until the user takes affirmative action to permit them.

Opt-Out (CCPA – California/Most U.S. States):
Tracking can happen by default, but visitors must have a clear and easy way to stop it. The “Do Not Sell or Share My Personal Information” link serves this purpose—when clicked, it opens preferences where they can reject tracking.

What this means for your cookie banner:
Your cookie consent tool needs to detect where your visitor is located and show the appropriate behavior:

• EU/UK visitors: Opt-in banner (nothing fires until they accept)
• U.S. visitors: Notice with easy opt-out access (tracking can start, but they can easily reject)

A properly configured banner with Accept/Reject/Customize options can handle both models if your cookie tool includes geolocation detection.

11 Requirements Your Cookie System Must Meet

Based on current privacy law requirements (as of September 2025), compliant WordPress sites typically need all of these elements:

1. Non-Essential Cookies Must Be Blocked Pre-Consent

The most common violation we find: tracking cookies start working the moment someone lands on your page—before they’ve seen your cookie banner.

This happens because WordPress sites typically install Google Analytics, Facebook Pixel, HubSpot, or other tracking tools directly, and these scripts immediately start setting cookies. They need to be blocked until consent is given.

How to check if your site has this problem:

• Open your site in Chrome Incognito mode
• Right-click and select “Inspect”
• Click the “Application” tab
• Look under “Cookies” in the left sidebar
• If you see _ga, _gid, _fbp, or other tracking cookies before clicking anything, you’re violating privacy laws

2. Global Privacy Control (GPC) Must Be Honored
Global Privacy Control (GPC) is a privacy signal built into certain web browsers and browser extensions. When someone enables GPC, their browser automatically tells every website they visit: “This user opts out of data selling and sharing.”

Where GPC is available:

• Built into Brave browser by default
• Built into Firefox as a privacy setting
• Available in Chrome/Edge through privacy extensions like DuckDuckGo Privacy Essentials or OptMeowt

Why it matters legally:
California’s CPRA law (and increasingly other state laws) requires websites to recognize and honor GPC signals. When your site detects GPC, it must automatically block non-essential tracking—even if the person never sees your cookie banner.

Most WordPress sites don’t detect GPC at all because it requires specialized tools. Your cookie consent platform needs to automatically recognize the GPC signal and prevent tracking for those users.

3. All Cookies Must Be Properly Categorized
Your cookie consent system needs clear categories:

• Essential/Necessary – Only cookies required for site function
• Analytics/Performance – Google Analytics, heatmaps, etc.
• Marketing/Advertising – Facebook Pixel, ad platforms, retargeting
• Functional – Preference cookies, chat widgets

Common mistakes:

• Having an “Uncategorized” bucket
• Marking Google Analytics as “Essential” (it’s not)
• Mixing necessary and optional cookies

4. “Do Not Sell or Share My Personal Information” Footer Link
California law requires a specific link in your footer with this exact wording. This link must:

• Appear on every page
• Open your cookie preference center (not just your privacy policy)
• Actually block data sharing when clicked

5. Persistent Cookie Preference Access
EU law (GDPR) requires visitors to reopen and modify their cookie preferences at any time. This is usually handled through:

• A footer link
• A floating button
• A persistent icon

The “Do Not Sell” link can serve this purpose if your cookie system detects the visitor’s region.

6. Category-Based Customization
Visitors must be able to customize cookies by category, not just “Accept All” or “Reject All.” They need granular control to accept analytics but reject marketing cookies, for example.

7. Consent Logging
GDPR requires you to log and store proof of consent for audit purposes. Your cookie system needs to track:

• When consent was given
• What the user consented to
• The version of your cookie policy at that time

Most WordPress sites don’t do this because they’re using basic cookie notice plugins rather than proper consent management tools.

8. Neutral Banner Design (No Dark Patterns)
Your cookie banner buttons must be styled equally. Common violations:

• Making “Accept All” a bright button while “Reject” is just gray text
• Hiding the “Reject” option behind a “Manage Preferences” click
• Making it easier to accept than reject

All options (Accept / Reject / Customize) should have the same visual weight.

9. Cross-Region and Cross-Device Testing
Your cookie banner needs to behave correctly for:

• U.S. visitors (opt-out model)
• EU/UK visitors (opt-in model)
• Mobile vs. desktop users

Many cookie plugins work on desktop but break on mobile, or show the wrong banner type based on visitor location.

10. Third-Party Script Blocking
Here’s the technical piece most people miss: Blocking cookies isn’t enough. The actual JavaScript from Google Analytics, Facebook, HubSpot, etc. must not execute until consent is given.

This requires wrapping your tracking scripts with special attributes like type="text/plain" and cookie-consent="category" so they’re prevented from running until the visitor consents.

Most WordPress users add tracking codes directly through plugins or theme settings, which means they fire immediately. Proper implementation typically requires either:

• Using a cookie consent tool that handles script blocking automatically
• Working with a developer to manually configure how tracking scripts are loaded

11. Complete Cookie List Documentation
Your cookie policy needs a detailed table listing every cookie:

• Cookie name
• Domain it comes from
• How long it lasts
• Category (Essential, Analytics, etc.)
• What it does

A good cookie consent tool auto-generates and maintains this list. Doing it manually is tedious and error-prone as you add or remove tools from your site.

The Reality: This Requires Specialized Tools

You might be thinking “Can’t I just use a free WordPress cookie plugin?” The short answer is no—not for full compliance.

Basic cookie notice plugins display a banner, but they don’t:

• Block scripts pre-consent
• Detect GPC signals
• Log consent for auditing
• Auto-generate cookie lists
• Handle region-specific requirements

Based on our experience, we recommend CookieYes for WordPress sites. It handles all 11 requirements above and integrates cleanly with WordPress. Plans start around $25/month depending on your traffic.

At Hey Reliable, we can handle the complete setup and configuration for you, including:

• Installing and configuring CookieYes
• Properly categorizing all your cookies
• Blocking non-essential scripts
• Testing across devices and regions
• Ensuring everything works correctly

Contact us about cookie compliance implementation

Part 2: Policy Documentation (The Legal Side)

Technical implementation is only half the battle. You also need the right legal documents.

Required Documents

1. Privacy Policy (Updated for 2025)
Your privacy policy needs to be completely rewritten if it’s more than a year old. Modern privacy policies must include:

Legal bases for processing (GDPR requirement):

• Contract performance (providing services someone requested)
• Legitimate interests (business operations, marketing)
• Consent (for non-essential tracking)
• Legal obligations (tax, accounting requirements)

User rights by region:

• EU/UK residents: access, correction, deletion, data portability, restriction, objection, withdrawal of consent
• California residents: know what’s collected, delete, opt out of sale/sharing, correct inaccuracies
• Other U.S. states: similar rights under Virginia, Colorado, Connecticut laws

Data transfers:
If you use any cloud services (which you almost certainly do), you’re transferring data internationally. For EU visitors, you must explain:

• Where data goes
• What protections are in place (Standard Contractual Clauses, etc.)

Consumer Privacy Notice (“Notice at Collection”):
California law requires a specific disclosure about what categories of data you collect and why. This can be integrated into your privacy policy as a dedicated section.

2. Cookie Policy (Separate Document)
Your cookie policy must be distinct from your privacy policy and include:

• Explanation of what cookies are
• Types you use (essential, analytics, marketing, functional)
• How to manage cookies through your preference center
• How to control cookies through browser settings
• Information about Do Not Track and GPC
• Link to the detailed cookie list (auto-generated by your cookie tool)

3. Terms of Service Update
Your terms should reference your privacy and cookie policies and note that you may update them periodically.

Working with Legal Counsel

For these legal documents, you should work with a privacy attorney who can draft policies specific to your business, data practices, and risk profile. Privacy laws are complex and vary by jurisdiction, and generic templates often miss important details or recent legal changes.

If you’re a small business and need a starting point before engaging legal counsel, there are AI-powered policy generators available, but any documents created this way should be reviewed by a qualified attorney before publishing.

At Hey Reliable, we’re a technical implementation partner—not lawyers. We can work with you and your legal team to implement whatever policies and technical requirements your attorney recommends.

Part 3: WordPress Implementation Guide

If you’re working with a developer or handling technical implementation, here’s the process:

Step 1: Sign Up for CookieYes

1. Go to cookieyes.com
2. Choose a plan based on your monthly pageviews
3. Add your website domain
4. Complete the initial setup wizard

Step 2: Install the CookieYes WordPress Plugin

1. In your WordPress admin, go to Plugins → Add New
2. Search for “CookieYes”
3. Install and activate the official plugin
4. Connect it to your CookieYes account

Step 3: Configure Cookie Categories

In your CookieYes dashboard:

1. Go to Cookie Scanner
2. Run a scan of your website
3. Review all detected cookies
4. Categorize each one correctly (Essential, Analytics, Marketing, Functional)
5. Delete the “Uncategorized” category if one exists

Common cookies and their categories:

• _ga, _gid (Google Analytics) → Analytics
• _fbp (Facebook Pixel) → Marketing
• wordpress_*, wp-settings-* → Essential
• mailchimp_* → Marketing
• _hjSessionUser (Hotjar) → Analytics

Step 4: Enable GPC Detection

As of 2025, GPC support in CookieYes may require additional JavaScript configuration or workarounds. Check CookieYes documentation for the latest implementation method, or work with a developer to ensure GPC signals are properly detected and honored.

Step 5: Configure Banner Settings

Design your cookie banner:

1. Choose an opt-in template for EU visitors
2. Choose an opt-out template for U.S. visitors
3. Ensure all buttons (Accept/Reject/Customize) have equal visual weight
4. Enable the preference center
5. Test the banner on mobile and desktop

Step 6: Block Third-Party Scripts

This technical step typically requires developer assistance. The implementation method varies depending on how your tracking scripts are currently loaded—whether through WordPress plugins, Google Tag Manager, theme functions, or hardcoded in templates.

For Google Analytics:
If you’re using a plugin like MonsterInsights or Site Kit, check if it has CookieYes integration. If not, you may need to reconfigure how Google Analytics loads.

For Facebook Pixel and other tracking tools:
Each tool needs to be configured to load only after consent. A developer can help determine the best approach for your specific setup, whether that’s through CookieYes, Google Tag Manager, or custom code.

Step 7: Add Footer Links and Create Policy Pages

Add these to your WordPress footer:

• “Privacy Policy” – Link to your privacy policy page
• “Cookie Policy” – Link to your cookie policy page
• “Do Not Sell or Share My Personal Information” – Opens cookie preferences

The “Do Not Sell” link should use the CookieYes function to open the preference center:

<a class="cky-banner-element">Do Not Sell or Share My Personal Information</a>

Create new WordPress pages for your Privacy Policy and Cookie Policy, and add the CookieYes auto-generated cookie table to your Cookie Policy page.

Step 8: Test Everything

Test your implementation:

• Visit your site in incognito mode
• Check that no tracking cookies load before consent
• Click “Reject All” and verify tracking is blocked
• Click “Accept All” and verify tracking starts
• Test on mobile devices
• Test from VPNs simulating both EU and U.S. locations

Step 9: Enable Consent Logging

In CookieYes:

1. Go to Settings → Consent Log
2. Enable consent logging
3. Set retention period (typically 2 years minimum for GDPR)

Need help with implementation? Contact us for a quote

Part 4: Common Mistakes That Break Compliance

Even with the best intentions, here are mistakes we see repeatedly:

Mistake #1: Installing CookieYes But Not Configuring Script Blocking

The most common issue: People install the cookie banner, but Google Analytics and other tools keep firing immediately because the scripts weren’t properly blocked. The banner is just decorative at that point—it doesn’t actually control anything.

Mistake #2: Marking Analytics Cookies as “Essential”

Google Analytics is never essential. Neither is Facebook Pixel, HubSpot tracking, or any other analytics/marketing tool. If your site functions without it, it’s not essential.

Mislabeling cookies to avoid needing consent defeats the entire purpose and violates the law.

Mistake #3: Using Generic or Outdated Policies

Using a template privacy policy without ensuring it covers:

• Your specific data collection practices
• All third-party tools you use
• Your actual business model
• Recent legal requirements (GPC, state laws, data transfers)

Generic policies are often outdated and don’t cover requirements from 2023-2025.

Mistake #4: Forgetting About Mobile

Your cookie banner might work perfectly on desktop but break on mobile, where most traffic comes from. Always test responsive behavior.

Mistake #5: Set It and Forget It

Privacy compliance isn’t one-and-done. You need to:

• Update policies when laws change
• Scan for new cookies when you add tools to your site
• Recategorize cookies if their purpose changes
• Review consent logs if requested by authorities
• Update cookie lists as services change

Why This Is Hard to DIY (And Why Hiring Help Makes Sense)

Here’s the reality: Getting WordPress privacy compliance right requires expertise in three areas:

1. Legal knowledge – Understanding GDPR, CCPA, and state privacy laws
2. Technical implementation – WordPress, JavaScript, cookie tools, script blocking
3. Ongoing maintenance – Staying current as laws and tools evolve

Most business owners and marketers have expertise in running their business, not in privacy law and WordPress development. The time investment required to implement this correctly (plus the risk of getting it wrong) is often better spent on your core business.

At Hey Reliable, we handle the technical WordPress implementation of privacy compliance. We work with businesses and their legal teams to ensure proper configuration, testing, and documentation.

What We Can Do For You

Important: We’re a WordPress development agency, not lawyers. We don’t provide legal advice and aren’t a substitute for an attorney. What we do is handle the technical implementation of privacy compliance on your WordPress site.

Privacy Compliance Implementation Services:

• CookieYes setup and configuration ($25/mo subscription, billed directly to you)
• Cookie categorization and script blocking
• Technical implementation of compliance requirements
• WordPress configuration and footer link setup
• Cross-device and cross-region testing
• Collaboration with your legal team if you have one
• Documentation of implementation details

How we work:

• With your legal team – If you have a privacy attorney, we’ll implement their specific technical requirements and work directly with them on details
• As your technical partner – We handle all WordPress configuration, testing, and implementation while you maintain control over legal documents through your attorney

Website Governance Plan

We recommend establishing a website governance plan to maintain compliance over time. A solid governance plan should include:

• Cookie management schedule – When to re-scan for new cookies (every time you add a new tool/plugin)
• Policy review cycle – How often to review and update policies (annually minimum, or when laws change)
• Privacy request procedures – How to handle privacy requests from users (access, deletion, etc.)
• Team responsibilities – Who’s responsible for what (internal team roles)
• Documentation requirements – Record-keeping and audit trail maintenance
• Monitoring protocols – Reviewing consent logs and compliance metrics

Having a clear governance roadmap helps ensure compliance doesn’t slip after initial implementation.

Contact us for a quote

Or if you have questions about implementation, email us at info@heyreliable.com.

Final Thoughts

Privacy compliance in 2025 isn’t optional, and it’s more complex than most people realize. The technical requirements have evolved beyond what simple cookie notice plugins can handle.

If you’re reading this and thinking “I should probably deal with this,” you’re right. The good news is that it’s a solvable problem. We recommend consulting with a privacy attorney to ensure your legal documents and practices are appropriate for your specific situation, then working with a technical partner to handle the WordPress implementation.

Don’t wait until you get a complaint or legal notice. Being proactive protects your business and shows your customers you take their privacy seriously.

Need help with technical implementation? We’re here when you’re ready.

This guide was created by Hey Reliable, a U.S.-based WordPress development agency. We’re not lawyers, and this content is educational—not legal advice. For specific legal questions, consult a licensed attorney.