Almost every business website runs analytics or advertising tags. Many owners assume cookies are a European problem. The reality for Australian sites is more nuanced.
Is there an Australian cookie law?
There is no standalone cookie law in Australia like the one in the European Union. The Privacy Act is what matters. If the data your tools collect is personal information, or can reasonably be linked to an individual, the Australian Privacy Principles can apply to it. Online identifiers, IP addresses and device data can fall into that category depending on the context.
Why a banner is often still sensible
- You may have visitors from the EU or UK, where consent rules for cookies are stricter
- Advertising platforms such as Google Ads expect consent signals for visitors in certain regions
- Being open about tracking builds trust and supports your privacy policy duties
What your privacy policy should say
If you use analytics, advertising or session recording tools, your privacy policy should say so in plain words: which tools, what they collect, why, and whether the provider is overseas. A policy that says nothing about tracking while your site runs five tags is a common gap.
Tags that load before consent
The most common technical problem is tracking that fires before the visitor has made any choice. Open your site in a private window with the browser developer tools on, and check which requests go out before you click anything.
What to do this week
- List every analytics, advertising and chat tool on your site
- Check what each one collects and where the provider is based
- Make sure your privacy policy names them or describes them
- Test whether tags fire before a visitor makes a choice
This is general information, not legal advice. If you are unsure how this applies to your business, speak with a qualified privacy lawyer and see the OAIC guidance.