8 common mistakes we see everyday in cookie consent banners

When building a cookie consent banner there are a lot of things to take into account, as these sections go beyond complying with privacy and data protection regulations. Design, accessibility, functionality and responsiveness are just as important as the way users’ cookie preferences are managed and stored, but marketers sometimes make design choices that, even though they seem great for encouraging users to accept cookies, can be quite sketchy and may even cross into non-compliance.

Here are the 8 most common mistakes we see in cookie consent banners, covering not only design, but also the way information is provided to users.

1. Tricky banner design to make users accept

As mentioned at the beginning of the article, we have noticed that some cookie consent banners are designed in a sketchy way to encourage users to accept cookies instead of making a genuine choice. These design techniques, often referred to as dark patterns, can increase consent rates, but they may also undermine users’ ability to make an informed decision and, in some jurisdictions, may not comply with privacy regulations.

Some of the most common tricky banner designs are:

• Accept button bigger and with brighter color: The way we display the options within the banner is quite important, as we can influence the way users react to the consent request. When the Accept button is much bigger, brighter, or more visually prominent than the Reject button, we are entering the territory of dark patterns. Even though this might seem like a good way to increase consent rates, it can undermine users’ ability to make a genuine choice and, in some jurisdictions, may not comply with privacy regulations.

  When building or installing the cookie consent banner, we have to provide all the available options without influencing the user’s final decision. That’s why the Accept and Reject buttons should have similar prominence, making it equally easy to accept or reject non-essential cookies.

• Not providing a “Reject All” option on the first layer: Similarly to what we will explain about pre-checked boxes, forcing users to go through additional screens to reject cookies while allowing them to accept everything with a single click creates an unfair experience. In many jurisdictions, particularly in Europe, regulators expect rejecting non-essential cookies to be as easy as accepting them. If you include an Accept All button on the first layer, it’s a good practice (and an expected one) to include a Reject All button with similar visibility.

• Hiding the reject option behind multiple clicks: Even if your banner includes a way to reject cookies, making users open several menus or navigate through different screens to find it creates unnecessary friction. If accepting cookies only takes one click, rejecting them shouldn’t require three or four.

• Using confusing wording: The buttons and text within your cookie banner should clearly explain what each option does. Generic labels like “Continue”, “OK”, or confusing wording can make users accept cookies without fully understanding the action they are taking. Keep the language simple and use labels such as “Accept All”, “Reject All”, and “Customize Preferences” whenever possible.

• Not providing an easy way to withdraw consent: Accepting or rejecting cookies shouldn’t be a one-time decision. Users should be able to change their preferences or withdraw their consent whenever they want through an easy-to-find option on your website. Hiding this feature or making it difficult to access can create a poor user experience and, in some jurisdictions, may not comply with privacy regulations.

We know that some of these design approaches might seem harmless, and you may even think we’re exaggerating. However, cookie consent is a serious matter, and using misleading designs can lead to regulatory scrutiny and, in some cases, financial penalties. It’s always better to invest a little more time in building a fair and compliant banner than to deal with the consequences later. After all, it’s better to prevent than to pay. We’ve covered how banner design affects opt-in rates if you want to dig deeper.

2. Pre-checked boxes

This may be acceptable in some jurisdictions (California, for example, where websites generally rely on an opt-out model rather than requiring prior opt-in consent for non-essential cookies), but having your cookie consent banner with pre-checked boxes is generally not permitted in regions such as the European Union, where users must give their consent through a clear affirmative action before non-essential cookies are set. In other words, only strictly necessary cookies should load before consent.

Even though it might seem like a good decision, it will only be if you intend to reach certain geographical areas. If your intent is to have a globally available site, you shouldn’t be doing this. Giving users the opportunity to check the boxes themselves is a way of making sure they actively express their preferences instead of relying on a default choice. By pre-checking the boxes, a lot of users don’t even read what they are accepting, as they simply want to remove the banner from their sight. This might seem like a good way to increase consent rates, but it’s quite sketchy as you are indirectly influencing their decisions instead of letting them make a genuine choice.

If your website is intended for a global audience, choosing an opt-in approach is the safest option, as it gives users the opportunity to decide what you’ll do with their data before non-essential cookies are set.

3. Not making the banner accessible

Not making your banner accessible to all audiences is not a good idea. Everyone, regardless of their abilities, should be able to access the information related to how their data is used and be able to accept or reject the use of non-essential cookies. To do so, your cookie banner has to follow accessibility best practices so users can understand the information and interact with the banner regardless of the way they browse your website.

Key points like having a good contrast between the background and the text, making sure the banner can be used with a keyboard, providing alternative text for meaningful images, ensuring keyboard users can clearly see which element is focused, and structuring the information so screen readers can interpret it correctly are key to making it accessible at a basic level. We always recommend checking the WCAG 2.1 guidelines (or later) to learn how to make your banner accessible or to verify whether the one you already have meets accessibility best practices.

4. Not using plain language

Closely related to the previous mistake, the language used in your cookie banner must be understandable by all types of users. Accessibility doesn’t only refer to sensory or cognitive disabilities; it also means presenting information in a way that is clear, straightforward and easy to understand. We have read a lot of cookie banners with text that is so full of legal or technical jargon that it’s difficult to understand, even for people familiar with cookie consent. As marketers, we have to provide cookie consent text that is clear, informative, and easy to read so users understand how their data is going to be used and can make the decision they actually want to make.

When writing the text you are going to put on the banner, try to keep it simple. And if you choose a plugin to display the banner, make sure the information it provides is easy to read and understand.

5. Cookie Wall

Sometimes you enter a site and a cookie banner similar to a pop-up appears that blocks access to the content until you make a decision. If users are forced to accept non-essential cookies in order to access the site, you are dealing with a cookie wall. This is not a good choice and, in many jurisdictions, it may not comply with privacy regulations, as users are not able to freely choose whether to accept or reject non-essential cookies. While a pop-up can be a perfectly valid way to display a cookie banner (even though they are not very UX-friendly), forcing users to accept cookies before they can access your content creates unnecessary friction and often results in a poor user experience.

Cookie banners shouldn’t be more intrusive than necessary. They should clearly inform users about how cookies are used while allowing them to make a genuine choice. That’s why many websites place them at the bottom or top of the page as a banner, or display them as a modal that users can easily interact with.

Whatever format you choose, avoid making the banner frustrating to use. If users find it difficult to reject cookies, close the banner, or continue browsing after making their choice, they may simply leave your site. Keep this in mind when building or installing your cookie banner, and aim for a simple, clear design that lets users make their decision without unnecessary friction.

6. Not making the banner responsive

If your users can’t see the banner correctly when using a tablet or smartphone, you are doing everything wrong. Nowadays, many users browse the Internet through their smartphones, and if you check your site’s analytics, you’ll probably find that a significant percentage of your traffic comes from mobile devices. Taking this into consideration when building or installing the banner is crucial, as a poor responsive design may prevent users from accessing the banner correctly and, therefore, from accepting, rejecting, or even reading the information regarding cookies properly.

Make sure your banner is responsive by adapting it to different screen sizes, keeping the text readable, making the buttons large enough to tap comfortably, and ensuring users can interact with all its options without elements being cut off or overlapping. And, if you have installed a plugin that states that it’s responsive, check it yourself on your smartphone and tablet, because a responsive plugin doesn’t always guarantee that the banner will display correctly on every website.

7. Outdated or misleading information

The last common mistake is more related to the content itself, but it’s just as prevalent and important as the rest mentioned in this list. Privacy regulations, regulatory guidance, and even the cookies used on your own website can change over time. We marketers are not legal experts, but we should be knowledgeable enough to make sure the information we provide is accurate and up to date. Sometimes we install a plugin believing that the information regarding cookie policies will be updated automatically, but this isn’t always the case. We have come across a lot of websites with cookie banners containing outdated or inaccurate information that can even lead to non-compliance.

For example, a common opening is “Your privacy is important to us”, but after that they state that they are going to share the data with dozens of third-party providers, use it for advertising and profiling purposes, or collect far more information than users would expect. The problem is not that these practices exist, but that the banner often presents them in a vague or confusing way, making it difficult for users to understand what they are actually consenting to. Your cookie banner should always reflect what your website is really doing, using clear and up-to-date information.

When adding a cookie consent banner to your site, try to keep its content as up to date as possible. Review it regularly, especially when you add new tools or services to your website or when privacy regulations change, and make any necessary updates to ensure the information remains accurate. If you’re wondering whether your current banner is actually compliant, most cookie banners are probably illegal — here’s how to check yours.

How to fix this

There are multiple ways to solve each of the problems listed above one by one, but the easiest approach is to choose a cookie consent solution that already follows best practices from the start. That’s where Cookie Zest comes in.

Cookie Zest is designed to help you avoid the most common mistakes we’ve covered in this article. It offers a clean and user-friendly design, supports an opt-in consent model, follows WCAG accessibility guidelines, is fully responsive across devices and browsers, and provides clear, regularly updated information to help you keep your cookie banner accurate as requirements evolve.

On top of that, it’s incredibly easy to install, takes just a few minutes to get up and running, and best of all, it’s FREE.