In the past, websites commonly operated under the assumption that visitor consent for tracking and data collection could be implicitly obtained through a general "by continuing to use this site" notice. This approach treated all users uniformly, assuming a blanket consent based merely on their continued navigation of the website. However, recent legislative changes within the European Economic Area (EEA) and California Consumer Privacy Act (CCPA) and its successor, the California Privacy Rights Act (CPRA)  have significantly shifted the landscape, demanding a more explicit and informed consent mechanism. These jurisdictions now mandate that website visitors must actively grant permission for their data to be tracked, moving away from the assumption of consent and towards a model of explicit user agreement. This paradigm shift underscores a growing emphasis on privacy and user autonomy in the digital realm, requiring websites to adopt more transparent, user-centric consent practices. By necessitating that consent be explicitly given, these regulations aim to foster a more secure and trust-based interaction between websites and their users, ensuring that privacy rights are respected and upheld.

These laws emphasize the importance of clear and affirmative consent, requiring that users be given detailed information about the data being collected and its purpose, and the opportunity to opt in or out.