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Customers who embed Calendly on their websites must either display Calendly's cookie banner or implement their own independent cookie consent mechanism for website visitors, and if the Calendly banner is hidden, Calendly continues to use cookies and the customer bears sole responsibility for ensuring visitor cookie rights are honored.
This analysis describes what Calendly's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places sole cookie compliance responsibility on customers who embed Calendly when they choose to suppress the default Calendly cookie banner, and the agreement confirms that Calendly continues to set cookies regardless of banner visibility. Customers must assess whether their own cookie consent mechanisms satisfy applicable ePrivacy and data protection requirements for Calendly's cookies.
Under this clause, website operators who embed Calendly are required to either display Calendly's cookie banner or implement an independent mechanism allowing visitors to exercise legal rights regarding Calendly's cookies. The agreement states that Calendly continues to use cookies even when its banner is hidden, and sole compliance responsibility rests with the embedding customer.
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"When you use the Embedded Services on your website, Calendly collects certain information from your website visitors by use of cookies and similar technologies as described in Calendly's Privacy Notice. Your website visitors may have certain legal rights with respect to Calendly's cookies when you use the Embedded Services. When you use the Embedded Services on your website you shall comply with one of the following: You shall display Calendly's cookie banner when using the Embedded Services on your website to allow website visitors to exercise their legal rights with respect to Calendly cookies, or If you choose to hide Calendly's cookie banner (more information here), you acknowledge and agree that (a) Calendly still uses cookies when the Calendly cookie banner is hidden, and (b) you are solely responsible for providing a mechanism to your website visitors that allows them to exercise any legal rights they may have with respect to Calendly's cookies.Excerpt from Calendly's Terms of Use
(1) REGULATORY LANDSCAPE: Cookie consent obligations for third-party cookies set via embedded services engage the ePrivacy Directive as implemented in EU member states, GDPR requirements for lawful processing through tracking technologies, and CCPA and CPRA provisions regarding the use of tracking technologies by businesses operating websites accessible to California residents. UK PECR imposes equivalent obligations for UK-based website operators. (2) GOVERNANCE EXPOSURE: Medium. Customers who suppress Calendly's cookie banner without implementing a legally adequate alternative consent mechanism face regulatory exposure for third-party cookie usage on their websites. The agreement's confirmation that Calendly continues to use cookies regardless of banner display is operationally significant for customers who may assume that hiding the banner disables cookie collection. (3) JURISDICTION FLAGS: EU and EEA website operators face heightened exposure under GDPR and national ePrivacy implementations, as cookie consent requirements are actively enforced by data protection authorities including the CNIL, the ICO, and the German DSK. California website operators should assess whether Calendly's cookie usage constitutes a sale or sharing of personal information under CPRA, which may require a Do Not Sell or Share link. (4) CONTRACT AND VENDOR IMPLICATIONS: Digital marketing and web development teams should review whether existing cookie consent management platforms on customer websites are configured to intercept and manage Calendly's cookies when the embedded widget is present. Customers with global websites face jurisdiction-specific compliance obligations that must be addressed at the website implementation level. (5) COMPLIANCE CONSIDERATIONS: Privacy and web compliance teams should audit all website deployments where Calendly is embedded, verify that cookie consent mechanisms cover Calendly's cookies, assess whether Calendly's cookie types are categorized correctly in the customer's cookie inventory, and update privacy notices to disclose Calendly's use of cookies as required by the Customer Terms.
This provision places sole cookie compliance responsibility on customers who embed Calendly when they choose to suppress the default Calendly cookie banner, and the agreement confirms that Calendly continues to set cookies regardless of banner visibility. Customers must assess whether their own cookie consent mechanisms satisfy applicable ePrivacy and data protection requirements for Calendly's cookies.
Under this clause, website operators who embed Calendly are required to either display Calendly's cookie banner or implement an independent mechanism allowing visitors to exercise legal rights regarding Calendly's cookies. The agreement states that Calendly continues to use cookies even when its banner is hidden, and sole compliance responsibility rests with the embedding customer.
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