All about consent banners: How to make them compliant and user-friendly

Consent banners are an omnipresent part of our online experience, appearing as pop-ups on nearly every website we visit. Their purpose is both simple and essential: to inform users about the collection of their data through cookies and to ensure this process complies with privacy laws such as the General Data Protection Regulation (GDPR), the Telecommunications Telemedia Data Protection Act (TTDSG) in Germany, and the ePrivacy Directive across the EU (European Commission, 2023; Bundesministerium der Justiz, 2021).

For digital marketers, consent banners are more than just a legal requirement. They are a touchpoint with users and can set the foundation for trust and transparency. This article explores everything you need to know about consent banners—from their legal context to practical steps for creating effective and compliant solutions.

What Are Consent Banners and Their Legal Requirements?

Consent banners, also known as cookie banners, serve as a mechanism to obtain users’ consent for data processing activities carried out via cookies. These banners are legally mandated tools that empower users to decide which cookies they wish to accept, allowing them to maintain control over their personal data (Piwik PRO, 2023).

Under the GDPR, consent must be freely given, informed, and explicit. This means users must clearly understand what they are agreeing to and must actively opt in—no pre-checked boxes or ambiguous language are permitted (European Commission, 2023). The TTDSG reinforces these requirements in Germany, setting specific rules for consent management and emphasizing transparency and user choice (Bundesministerium der Justiz, 2021). The ePrivacy Directive complements these regulations by establishing a unified framework across EU member states, although implementation may vary slightly between countries.

In essence, consent banners are not just a legal necessity but also a cornerstone of ethical data collection in the digital age.

Examples and Guides: Creating Cookie Banners

Creating a cookie banner that is both legally compliant and user-friendly requires careful planning and execution. At its core, a cookie banner must be functional, clear, and user-friendly, ensuring it neither overwhelms users nor obscures important information.

Cookie banners categorize cookies into distinct types, each serving different purposes. These categories help users make informed decisions about which cookies they wish to accept or reject.

Common Cookie Categories

• Technically Necessary Cookies:
  • Essential for the core functionality of the website.
  • Examples: Cookies for shopping cart functionality or managing logins.
  • These do not require user consent under GDPR.
• Analytics and Statistics Cookies:
  • Collect data on user behavior to improve website performance.
  • Examples: Tracking page views or identifying navigation issues.
  • User consent is required to activate these cookies.
• Marketing and Targeting Cookies:
  • Used for personalized advertising and tracking users across websites.
  • Examples: Cookies for retargeting campaigns or social media ad integration.
  • These require explicit user consent under GDPR.

Consent banners must present these categories clearly, allowing users to opt in or out with ease (CCM19, n.d.). This functionality is not only a legal requirement but also a critical component of user trust and transparency.

Key Factors and Common Mistakes in Cookie Banners

An effective cookie banner must balance clarity, transparency, and user-friendliness. Clarity ensures that users immediately understand the purpose of the banner, while transparency enables them to make informed decisions about their consent. User-friendliness reduces friction and enhances the overall experience.

However, common mistakes can undermine even well-intentioned designs. For example, pre-checked boxes violate GDPR requirements because they bypass the need for explicit consent (European Commission, 2023). Cookie walls, which deny access to the website unless all cookies are accepted, are generally not permitted as they undermine the principle of voluntariness (CCM19, n.d.). Similarly, so-called dark patterns—such as hiding the “Reject All” button or making it less visible than the “Accept All” button—can result not only in legal consequences but also in a loss of user trust.

To avoid these pitfalls, make sure that:

• No pre-checked boxes are used.
• Access to the website is not dependent on accepting all cookies (no cookie walls).
• All consent options are equally visible and easy to access.

Dark Patterns and Privacy-Friendly Alternatives

Dark patterns are manipulative design techniques that subtly pressure users into agreeing to terms they might otherwise reject. Examples include ambiguous language, overly complex options, or visually prioritizing the “Accept All” button over the “Reject All” button.

Instead of employing dark patterns, organizations can adopt privacy-friendly alternatives that comply with legal standards and build user trust. These include:

• Data-Sparing Analytics:
  Only the absolutely necessary data is collected.
  The JENTIS Essential Mode offers an innovative approach to consent management by balancing user privacy with the functional needs of a website. Unlike traditional cookie banners, which may restrict functionality when consent is withheld, JENTIS enables the collection of only essential data required for website operation without breaching privacy regulations.This mode ensures that websites remain operational and compliant even when users reject non-essential cookies. By focusing on essential data collection and leveraging privacy-friendly technologies like server-side tagging, JENTIS meets GDPR and TTDSG requirements while supporting a seamless user experience. For marketers, this means achieving compliance without sacrificing key performance data.
• Ensuring User Anonymity:
  For example, through anonymized IP addresses.
• Using First-Party Cookies:
  These are managed directly by the website operator and not by third-party trackers.

Technical Implementation of Cookie Banners and Consent Banners

The technical implementation of a cookie banner is just as critical as its design. Many businesses rely on consent management platforms (CMPs) such as OneTrust or CCM19 to optimize this process. These tools offer customizable templates, real-time cookie scanning, and automatic updates to adapt to changing legal requirements (CCM19, n.d.).

Two common approaches for integration include:

• Cookie Banner Blocking:
  This method prevents any cookies from being set until users have provided their consent, ensuring full compliance from the start.
• Integration with Tag Managers:
  Here, the consent banner acts as a control mechanism, activating scripts only after user preferences have been recorded.

By utilizing these tools and strategies, businesses can ensure that their cookie banners, as well as consent banners, are both legally compliant and user-friendly.

Challenges and Impact on User Experience

The implementation of cookie banners comes with challenges, particularly in balancing legal compliance and user experience. Regional differences in the application of GDPR and other regulations can complicate design and implementation. Websites targeting an international audience must account for varying interpretations of consent requirements, increasing complexity.

Another major issue is user frustration. Poorly designed consent banners—those that are too intrusive or confusing—can lead to higher bounce rates and a loss of trust in the brand. In contrast, clear, unobtrusive cookie banners that offer real choices improve user satisfaction and foster long-term trust.

A crucial factor is how cookie banners and consent banners impact conversion rates. Strict compliance may initially reduce the amount of collected user data, but it simultaneously builds trust, leading to higher engagement and loyalty over time. By investing in well-designed banners and transparent practices, companies can minimize short-term losses while fostering a sustainable relationship with their audience.

The Connection between Google Opt-In and Banners

Google’s opt-in systems, particularly for analytics and advertising, are closely tied to cookie banners and consent banners, as they require user consent before processing data under GDPR and similar regulations. For companies using Google services, compliance means integrating these opt-in requirements directly into their banners.

How Google Opt-In Works

• Data Processing: Consent must be obtained before deploying scripts for services such as Google Analytics or Google Ads.
• Transparency: Users must be informed about how their data will be used—for example, for behavior analysis, campaign optimization, or targeted advertising.
• Revocability: Users should be able to change their preferences or withdraw consent at any time.

Integrating Cookie Banners with Google Opt-In

Cookie banners serve as the primary interface for obtaining the necessary opt-ins for Google tools. They ensure that companies:

• Provide clear choices: Users must have the option to accept, reject, or customize their preferences for Google-related cookies or scripts.
• Comply with regional laws: Depending on the jurisdiction, banners must reflect specific consent requirements, such as handling “legitimate interest” claims in addition to explicit opt-ins.
• Enable script activation post-consent: Google scripts should only be activated after users have explicitly consented to their use.

Challenges and Best Practices

Integrating Google’s opt-in requirements with cookie banners or consent banners can be technically complex. Companies often face challenges in aligning legal compliance with user-friendly design.

Best practices include:

• Using consent management platforms: Tools like OneTrust or CCM19 can automate the integration of Google scripts with cookie banners.
• Providing detailed information: Clearly explain how Google services are used and the benefits to the user.
• Avoiding dark patterns: Ensure that options to reject Google tracking are as visible and accessible as options to accept.

AI Alternatives: Eliminating Dark Patterns

Emerging AI-based solutions like JENTIS Synthetic Users are revolutionizing approaches to consent and data privacy. By generating anonymized user data from server-side sources, synthetic users reduce the need for invasive tracking and extensive user profiling.

This innovation allows businesses to achieve their analytical and marketing goals without relying on dark patterns, such as overly emphasizing “Accept All” options or complicating consent processes.

Synthetic Users create pseudonymized datasets that maintain functionality and insights while complying with GDPR and other privacy laws. This enables cookie banners to focus on transparency and genuine user choice, building trust and eliminating the need to manipulate user decisions through questionable design practices.