Consent banners – everyone knows them, few like them, yet they have become an (almost) indispensable part of websites. Their purpose is to transparently inform users about the use of cookies and similar technologies, as well as the associated data processing, and to document consent. Sounds simple, right? Unfortunately, it’s not!
Many companies make serious mistakes in implementation, which can lead to warnings and hefty fines. Often, it’s the small details that make the difference between a legally compliant and user-friendly implementation.
Here are the most common mistakes – and how to easily avoid them:
1. The imprint and privacy policy are covered by the banner
The imprint and privacy policy must be freely accessible at all times when visiting a website. However, the content of these pages is often blocked by the banner, making them difficult or even impossible to read.
💡 Quick Tip: In the settings of your consent management tool, you can usually define that certain subpages are excluded from the banner display. Use this feature by adding the relevant URLs in the tool.
2. The information in the banner and privacy policy do not match
This happens faster than you might think: While the website’s privacy policy gets updated, the information in the consent banner is often overlooked. This not only confuses visitors but also poses legal risks.
💡 Quick Tip: Modern consent management tools offer placeholder functions that automatically integrate the banner’s service information into the privacy policy. This saves time, as updates only need to be made in one place, ensuring all information is consistent and up to date.
3. Inconsistent content in multilingual banners
Is your website available in multiple languages? Great! But be careful: It’s common for banner information to be updated in one language while other language versions still contain outdated details. This can lead to confusion and legal risks.
💡 Quick Tip: After every change, check whether all language versions of your consent banner have been updated. Many tools now offer automatic translations or synchronizations – use them, but always verify the translations!
4. Missing or hidden reject option
A particularly critical mistake: Many consent banners prominently display the “Accept” button while hiding the reject option or making it accessible only through multiple clicks. That’s not acceptable! Courts have repeatedly ruled that rejecting consent-requiring services must be just as easy as giving consent.
💡 Quick Tip: Most consent management tools now allow easy customization of banner and button design. Make sure your website visitors have an equally visible and accessible reject option.
5. Incorrect technical implementation
Many website operators use a consent banner, but often the services requiring consent are not technically blocked when the site is first loaded. In such cases, consent-based cookies are set, or personal data is unlawfully collected and processed before valid consent is obtained.
💡 Quick Tip: Have your IT team or a data protection expert check whether consent-requiring requests or cookies are being triggered before visitors have given valid consent.
Conclusion:
Consent banners may be annoying, but they are legally essential. With the right settings and regular reviews, you can avoid common mistakes and ensure your banner complies with current legal requirements.
When was the last time you checked your cookie banner? 🔍
