Are there any laws relating to the use of cookies?

Yes, there are laws regarding the use of cookies in Texas. The Texas Online Privacy Protection Act (TOPPA) is the law in Texas when it comes to the collection of personal information by websites. TOPPA requires that websites that collect personal information from users must provide a "clear and conspicuous" link on their home page to an online privacy policy. This policy must identify the type of personal information being collected and how it is used. The Texas Attorney General has also issued guidance regarding the use of cookies on websites. This guidance explains that website operators must obtain the consent of individuals before using cookies. This consent must be informed and affirmative, and must be obtained prior to the deployment of the cookies. The consent must be obtained through a mechanism such as an opt-in checkbox. Violations of the TOPPA and related guidance can lead to an enforcement action. Companies may be required to pay penalties and to implement corrective measures to protect users’ privacy. Companies may also be required to post a sign or notice on their website informing users that the website is subject to the Texas Online Privacy Protection Act.

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