As privacy concerns continue to grow, the importance of cookie consent banners has become more evident.
These banners serve as a crucial mechanism for websites to comply with privacy regulations such as the GDPR, CCPA/CPRA, DMA, LGPD, POPIA, while ensuring users are informed about how their data is being used.
In this article, I’ll walk you through the key requirements for a cookie consent banner, things to remember during implementation, and how to ensure you’re staying on the right side of privacy laws without making the user experience feel like a chore.
I’ll also cover best practices, highlight some common mistakes to avoid, and share helpful examples to help you keep things both compliant and user-friendly.
Let’s dive in and make sure your cookie banner is not only legal but also easy for your visitors to interact with!
What is Privacy-Led Marketing?
Privacy-led marketing places user data protection at the forefront of a company’s strategy. It prioritizes transparency, consent, and ethical practices over exploiting third-party data. This approach not only ensures regulatory compliance but also builds trust with users.
By implementing certified Consent Management Platforms (CMPs), like Cookiebot, businesses can gain actionable insights while respecting user preferences.
Moreover, privacy-led marketing optimizes data quality, focusing on value rather than quantity, which strengthens customer relationships and loyalty.
For example:
- Benefit: Users are more likely to share data if they understand its purpose and see clear benefits, such as tailored recommendations.
- Risk of Non-Compliance: Fines under GDPR can reach up to 10% of a company’s total worldwide annual turnover, increasing to 20% for repeat violantions.
Implementing these principles often begins with a practical tool that users encounter first: cookie consent banners.
Cookie notification banners serve as the gateway to securing consent in the privacy-first strategies while navigating the technical and legal challenges of data collection.
The terms “cookie notification banners” and “cookie consent banners” are often used interchangeably, but they serve different functions, especially when it comes to website user privacy and compliance with data protection regulations like the GDPR.
- Purpose: A cookie notification banner primarily informs users that cookies are being used on the site. It serves as a notice, telling users about the data collection practices on the website.
- Functionality: Typically, it only requires users to acknowledge the use of cookies but does not explicitly ask for consent. Users can often dismiss it, and the website will continue collecting cookies without further interaction.
- Example: A simple banner that reads, “This website uses cookies to enhance your experience. By continuing to browse, you agree to our use of cookies.”
- Purpose: This banner goes a step further, requesting explicit consent from the user before cookies are activated, particularly in regions with strict privacy regulations like the EU.
- Functionality: The banner will ask for clear user action – often in the form of accepting or rejecting cookies. It may include options to manage the specific types of cookies a user is willing to accept, such as essential, preferences, or marketing cookies.
- Example: A banner that says, “We use cookies to improve your experience and to personalize content. Do you consent to the use of cookies?” with buttons to “Accept”, “Reject” or “Customize”
Key Differences
- Legal Requirement: In the European Union, GDPR mandates cookie consent banners, requiring explicit user consent before cookies are placed. A cookie notification banner might not meet these legal obligations, as it doesn’t require user action.
- User Interaction: A cookie notification banner might only require users to acknowledge it by clicking an “OK” button, while a cookie consent banner requires a decision, such as “Accept” or “Reject,” or even the ability to customize preferences.
- Impact on User Experience: The cookie consent banner can feel more interruptive as it demands action before proceeding on the website, whereas a notification banner is often more passive and less intrusive.
1. Explicit Consent
The GDPR mandates that users must actively consent to the use of cookies, particularly non-essential ones.
Consent cannot be assumed through passive actions, such as continuing to browse the website, nor can it be pre-selected. It must be an active, informed choice, ensuring users retain full control over their decisions.
Example: A banner displayed immediately when a user visits the website, featuring options like “I Accept Cookies” or “Allow Cookies,” allows the user to provide explicit consent.
2. Transparent Choices: Accept, Deny, and Customize
The consent options should be clear and include at least these 3 actions:
- Allow all cookies
- Deny all cookies
- Personalize preferences: users can select which cookies they accept (e.g., marketing, statistics, or functional cookies)
Example: Include a “Deny” button and a “Customize” button alongside the “Allow” button, providing users with clear and accessible options to express their preferences.
3. Equally Easy Choices
The “Deny” option should be as easily accessible as the “Allow” option to ensure that users can easily reject cookies as well as accept them.
Example: Both “Allow” and “Deny” buttons should be placed side-by-side in equal size, color and prominence. This ensures that users do not feel forced into accepting cookies.
Make sure the “Deny” button isn’t hidden under a “more” option and is immediately visible.
4. No Pre-Ticked Boxes
Under GDPR, consent options should not be pre-selected for users except for strictly necessary cookies.
Example: A cookie banner featuring empty checkboxes allows users to select their preferred cookie categories.
Cookies, especially non-essential ones, should not be activated until the user has explicitly given their consent.
Example: Delay the loading of cookies that track behavior, such as advertising cookies, until after consent.
6. Detailed Information
Users should be provided with detailed information about the cookies used by the website, including their purpose and any third-party trackers.
Example: Selecting “Customize Settings” on the cookie banner should reveal a list of cookie categories (e.g., strictly necessary, performance, marketing), each accompanied by a brief description.
7. Accessible Privacy Policy
The cookie consent banner must link to a detailed privacy and cookie policy, providing users with transparency regarding how their data will be collected and used.
Example: Include a text link, such as “Learn more about our privacy policy”, within the banner that directs users to a clear and easily understandable privacy and cookie policy page.
8. Updating Preferences Anytime
Users should be able to manage and change their cookie preferences at any time, even after they have initially given consent.
Example: A website with a floating cookie icon that users can click anytime to revisit their consent preferences and toggle cookie categories on or off.
9. Remembering User Preferences
Once users choose their consent preferences, they should be saved for future visits so they don’t have to re-select them every time.
Example: If a user selects “Reject All” cookies, the site should remember that preference on future visits, and the cookie banner should not reappear unless their preferences change.
Users must be informed about the use of third-party cookies, such as analytics and advertising cookies, along with their specific purposes.
Example: Include a list of third-party services under the “Customize” option, with links to their respective privacy policies for transparency.
11. Regular Scans and Updates
Ensure that the list of cookies, as well as your privacy and cookie policy, are regularly updated.
Example: If you use a CMP like Cookiebot, it runs regular Cookie scan reports for you.
12. Color and Design
The banner must be prominent and clearly visible, avoiding designs that blend into the website.
The cookie consent banner must be designed to be accessible to everyone, including individuals with disabilities. This means ensuring the font is legible, the contrast is sufficient, and the buttons are large enough to be clicked easily.
Best Practice: It should be appropriately sized and not placed in a location, such as the bottom of the page, where it can be easily overlooked.
13. Don’t Block Content
Forcing users to give consent before they can access content is a bad practice. The banner should not interfere with the user’s ability to view your site unless it’s necessary for compliance.
Example: Let users browse the site freely and only show the banner as an overlay that doesn’t block the content.
Conclusion
Having a compliant and user-friendly cookie consent banner is more than just ticking a legal box. By following these 13 recommendations, you can ensure your banner not only aligns with regulations like GDPR but also provides a positive user experience.
Hana Kobzová is a freelance PPC expert and the founder of PPC News Feed. She’s passionate about helping PPC community to stay updated. Whether it’s sharing recent updates, discovering new tricks, optimizing workflows, or programming useful scripts, Hana is always finding ways to empower professionals within the PPC community.
