You’ve probably seen cookie banners on just about every website you visit. Cookie banners are pop-up messages or notifications that appear on websites to inform users that the site uses cookies. These banners often request user consent for the use of cookies, especially for tracking or advertising purposes.
Thanks to laws like the GDPR, ePrivacy Directive, and California's CPRA, these banners are legally required in many regions. But the problem lies in how most companies are still getting them wrong. And when cookie banners aren’t done properly, it’s not just a compliance issue. It’s a trust issue, a user experience issue, and a missed opportunity to show your users you actually care about their privacy.
Let’s dive into the most common cookie banner mistakes and, more importantly, how to fix them.
Treating Cookie Banners as a Legal Checkbox
Let’s start with the big one: many companies treat cookie banners as a formality, that they require to just something to “check off” for compliance. You’ve probably seen banners that say, “By using this site, you accept cookies,” with no real explanation or option to say “no.” That is not valid consent, which is also mentioned under GDPR.
Use a Consent Management Platform (CMP) that clearly explains what data you’re collecting and why. Give users a real choice—accept, reject, or choose what they’re okay with. And make sure they can change their mind later, too.
Assuming Consent by Default (Implied Consent)
Some sites still go with the outdated approach of assuming users agree if they keep browsing. But under most privacy laws, consent must be active instead of passive. Checkboxes are pre-ticked, or worse, there’s no choice at all. You just have to “Accept” it.
Make sure all cookie categories (except essential ones) are off by default. Let users opt in if they want, not the other way around.
Hiding the “Reject All” Button
Let’s be honest—many banners are designed to push you into accepting cookies. “Accept All” is bold and obvious, while “Reject All” is hidden behind a bunch of clicks or fine print. It’s easy to accept everything but confusing or time-consuming to reject.
Display “Accept All” and “Reject All” buttons equally, right up front. That’s what regulators like the UK’s ICO and France’s CNIL recommend. And frankly, it’s just the respectful thing to do.
Overly Technical or Vague Language
Most people aren’t privacy lawyers or tech experts. If your cookie banner is full of legalese or technical terms, you’re not really informing your users—you’re confusing them. Phrases like “persistent third-party tracking cookies for behavioral targeting” leave users scratching their heads.
Use plain, friendly language. For example:
“We use cookies to understand how people use our site and to show you relevant content.”
And explain each type of cookie with examples. That builds transparency and trust.
Ignoring User Choices
This one’s a big deal. Even if someone says “no thanks” to tracking cookies, some sites still go ahead and set them. That’s not just shady—it’s illegal.
Cookies load as soon as the page loads, whether or not the user gave permission.
Block non-essential cookies until the user gives the green light. Use privacy tools to scan and audit your site regularly to make sure this is working as it should.
One-Size-Fits-All Approach
Privacy laws vary from country to country. What’s required in the EU is different from what’s required in California, Brazil, or India.
Companies use a “one-size-fits-all” cookie banner that doesn’t meet local legal requirements.
Use geo-targeted banners. Platforms like OneTrust, Cookiebot, or TrustArc let you customize banners based on where your users are coming from.
Poor Mobile Optimization
A lot of banners look fine on a desktop but are clunky and hard to use on phones or tablets.
Buttons are too small, the banner covers the whole screen, or it doesn’t scale well.
Design your banners to be mobile-first. Keep it clean, responsive, and accessible—especially for users with disabilities. If people can’t even read your consent message, it’s not valid.
Ignoring A/B Testing and Analytics
Cookie banners aren’t just about legal compliance—they also impact your site performance, bounce rates, and even conversions. But most companies don’t monitor this.
Once the banner is live, it’s forgotten.
A/B test your banner design, wording, and button layout. Track how many people accept, reject, or customize their settings. Use this data to fine-tune for both UX and compliance.
Neglecting Cookie Policies
Your banner should always link to a detailed cookie policy. But too often, that policy is outdated, vague, or buried deep in the site.
The cookie policy doesn’t list all cookies or fails to explain how users can manage them.
Keep your cookie policy clear, updated, and easy to find. List the types of cookies, what they do, who sets them, and how long they last.
Overlooking the Human Side of Privacy
At the end of the day, a cookie banner isn’t just about checking a box or avoiding fines. It’s about respecting your users and earning their trust.
The banner feels pushy, sneaky, or robotic.
Speak like a human. Be upfront about what you’re doing and why. Give users control, and don’t try to trick them. That’s how you build long-term trust in a privacy-conscious world.
Final Thoughts: It’s More Than Just a Banner
Getting your cookie banner right isn’t just about avoiding trouble—it’s about being honest, ethical, and user-focused. Done well, your cookie banner can be a signal to users that says:
“We respect your data, and we’re not here to exploit it.”
That’s a powerful message in today’s digital landscape.
By Mansi Sharma
