It is very important to create the right Cookie Banner since not all cookie banners are created equal.
Some banners don’t allow website users full options to reject the collection, management, or sale of their personal data. This could be because the banners weren’t set up right, or the companies don’t want to limit access to the data, which is used to earn ad revenue. Some banners don’t allow a “reject” option or prevent the ability to customize Cookie Consent preferences.
Some banners don’t provide clear information about the cookie types and web technologies used and what users’ options are with regards to them.
Some banners don’t enable users to revisit their cookie consent choices in the future.
Some banners present buttons, which do not have equal size, colors, brightness or other visual properties. Such a visual technique to encourage a specific action or response from users is called “nudging”, which is illegal. In some cases, nudging could be subtle. However, there are no legal requirements regarding the visual aspects of a Cookie Banner. Businesses generally want it to look professional and match the company’s branding.
The European Data Protection Board (EDPB) is the supervisor of GDPR enforcement in the EU. The EDPB adopts guidelines on how the GDPR is to be interpreted and applied in each EU member country by the national data protection authorities. On May 4, 2020, the EDPB adopted guidelines on GDPR compliant Cookie Consent for websites' users. The EDPB stated that:
- Scrolling, swiping, or continuing browsing on websites by users does not mean consent to use cookies, and these actions do not meet the GDPR requirements.
- Cookie banners are not allowed to have pre-ticked checkboxes.
- A Cookie wall (forced cookie consent as a condition for access to the website) does not meet the GDPR requirements, since the Cookie Consent is not considered freely given.
In addition, privacy requirements of different countries or USA states are very different. In Europe there are GDPR. In the USA, as of 2022, four states have signed privacy laws, such as CCPA and VCDPA, and many more regulations will take effect in the next years. Website users in different locations should see different cookie banners.
So there could be different instances when the Cookie Consent was not freely given or the Cookie Banner was simply unprofessional and did not provide all the necessary information.
Incorrect Cookie Banner would violate privacy laws since uninformed or not freely given cookie consent is not valid. Thus, an incorrect Cookie Banner could lead to fines.
CookieScript offers a reliable Cookie Consent Banner, which is privacy laws- compliant and meets your business requirements:
- Has a geo-targeting function, which allows selecting adequate privacy laws, based on locations.
- Different Cookie Banners for different locations.
- Automatic translation into 34 languages, plus you could add your custom language.
- One of the most configurable banners on the market, which allows adjusting to your company’s branding.
- Customized Cookie Banner. You could use Cookie Script templates or write your script and add additional features or functions, such as animations, custom, and adjustable design, different sizes, etc.
- Cookie Banner includes Cookie Provider and third-parties information.
- All elements of the banner are adjustable.
- Cookie banners are tested and approved by 200.000+ websites.
