This post was originally published in March 2024. It was updated in August 2025.

As you know by now, managing user privacy today can be intimidating. Much of the conversation in the digital realm revolves around how to get and manage user consent for tracking and use of cookies on your website. Broadly speaking, your privacy policy should include all the ways audience data is handled by your organization, from your website to your box office, surveys, email, and more. So you might ask: what kind of banner should I have on my website to allow customers to make a choice and view my privacy policy?

Because digital privacy laws are varied and inconsistent, there is not one universally agreed-upon or required solution, particularly for US-based organizations. On the one hand, a GDPR-compliant consent banner will mean you could be blocking tracking—even when you are not legally required to do so—potentially hamstringing your digital measurement, website analytics, and campaign performance. On the other hand, no consent banner—failing to comply with regional regulations—opens your organization up to additional liability.

The correct solution for your organization requires an assessment of your legal requirements and an understanding of your organization’s risk tolerance, which will require input from your legal team. But the data collection and tracking that start on your website is where Capacity can help. Read on for your consent management next steps!