Cookie Banner: Requirements and How To Create [+ Examples]

Data privacy is a top concern for online users, with studies showing 79% worry about how their information is handled. A cookie banner plays a critical role in meeting these expectations and ensuring compliance with laws like GDPR and CCPA. Discover how these banners work, the types available, and tips for designing an effective one right below!

What is a Cookie Banner?

A cookie banner is a notice that pops up on a website to inform the user about the usage of cookies and request consent. 

As 95% of websites today use cookies, understanding these banners is crucial for both website owners and users. These banners serve 2 key purposes:

• To comply with data privacy laws by informing users of cookie usage, with GDPR and other privacy regulations in place, websites must be transparent as to how they collect and use data.
• To show transparency regarding data collection practices, helping users understand precisely how their information is being handled.

They also provide options to accept, reject, or customize cookie preferences, giving users control over their data privacy. Their design and functionality can range from simple notifications that pop up at the bottom of your screen to interactive pop-ups where one can manage detailed preferences. Here is an example cookie banner.

Do I Need a Cookie Banner?

Yes, if your website uses cookies that process personal data or track visitors. But let’s break this down to help you determine your specific situation. Your need for a cookie banner depends on two critical factors. 

First, what types of cookies does your website use? If you track user behavior, collect personal data, or use marketing cookies, then yes – you need a banner. Second, where are your users located? Legal obligations vary a lot depending on the jurisdiction. For instance, if you have visitors from the EU, then GDPR requires explicit consent over cookies via a banner, but CCPA in California has different requirements.

Before you decide whether to use a cookie banner, here are 2 key points to consider:

• Check for exemption: If your website only uses strictly necessary cookies, such as those required to operate a shopping cart or user login, you may not need a banner. You are still required, though, to notify users of these cookies through your privacy policy.
• Look at your target audience and applicable privacy regulations: This assessment is crucial because it determines not just whether you need a banner, but also what type you need. For example, EU users require different consent options than US users.

How Does a Cookie Consent Banner Work?

When a user accesses your website, they will immediately be presented with a cookie banner. This banner is designed to perform two easy but very significant tasks, which are:

First, this banner informs visitors that cookies are used on your website before tracking actually begins. Then, it provides users with options regarding these cookies: they can either accept them all, decline some of them, or choose which cookies to allow.

The cookie banner is more than just a one-time pop-up; visitors can change their minds at any time using an easy-to-find settings button or link. As visitors manage their choices, the banner remembers their decisions. This record helps to show that your website respects privacy laws.

Managing cookie preferences and storing consent records can be a complex and time-consuming task, but it doesn’t have to be. The Consentik app with robust features, helps you manage user cookie preferences through a customizable banner that aligns perfectly with your website’s design. The app automatically scans and categorizes cookies, ensuring all necessary cookies are disclosed and managed in compliance with regulations like GDPR and CCPA. Additionally, Consentik securely logs user consent, providing clear, accessible records that simplify regulatory audits. Elevate your website’s user experience and ensure compliance with Consentik today!

Types of Cookie Banners

When you select a cookie banner for your website, you not only have to decide on the consent approach but also on the design style. Let’s break down your options to help you make the right choice.

Consent Approaches

Opt-in Banners

These ask for permission first. They will not use any optional cookies until the visitor clicks “Accept.” This is especially important for websites that have European visitors because EU privacy laws (GDPR) require clear permission first.

Opt-out Banners

These banners take the opposite approach: cookies are on by default, but it is easy for visitors to turn off the ones they don’t want. This style is common on US websites, especially under California’s privacy laws (CCPA).

For instance, Skoda’s site allows cookies to operate by default but has a very visible “Cookie Settings” button where users can turn off marketing cookies if they so wish.

Design Variations

Once you’ve determined your approach to consent, the next step is to decide how your banner will be displayed to visitors. There are two major design options. Each suits different needs.

Simple Notification Bars

These are the most basic types of cookie banners you’ll see. Think of them as a simple alert strip that sits at the top or bottom of your webpage. They tell visitors about cookies without getting in the way of their browsing. Benefits: Doesn’t interrupt the visitor’s experience Still gives all the necessary cookie information Works well for simple websites

For instance, Amazon uses a simple bar at the bottom of their page, allowing you to continue browsing while you decide about cookies.

Pop-up Modals

For those websites that want to collect consent in a more noticeable manner, the pop-up modals will be the better alternative. These are more noticeable banners that pop up in the middle of your screen. They require visitors to make a choice about cookies before they can continue using the website.

Benefits of Cookie Banners

Ensures that the visitor views and interacts with their cookie preferences. Great for websites needing direct proof of consent. It can also provide more detailed information about the cookies. 

Example: Many blog websites use pop-ups requesting you to select your cookie preference before allowing you to read their articles. In this way, they ensure clear consent over tracking. Your ultimate choice will have to depend on: 

• Your website’s requirements
• Your visitors’ expectations
• Legal requirements in your region
• How much tracking you set

Cookie Banner Requirements

When setting up your cookie banner, you’re not just designing for user experience – you’re building for legal compliance. Different regions have different rules, and getting them right is crucial for your website’s legal standing.

In the EU (GDPR Compliance)

The European Union’s GDPR sets the gold standard for cookie consent worldwide. Its requirements are comprehensive and strict, focusing on user empowerment and transparency.

First and foremost, you need explicit consent. This means users must actively agree to non-essential cookies before they can use them. No more pre-checked boxes or sneaky defaults – users need to make a clear, conscious choice.

Building on this foundation, your banner must provide clear information about:

• What types of cookies you’re using (essential, analytics, marketing)
• How long these cookies will stay on their device This transparency helps users make informed decisions about their data.

To make these choices meaningful, GDPR requires granular consent options. Instead of an all-or-nothing approach, users should be able to accept or reject different categories of cookies. Think of it as giving users a detailed menu rather than a set meal.

Supporting these choices, your banner must include policy links to both your cookie and privacy policies. These links serve as a bridge to more detailed information, helping users understand the full scope of their choices.

Finally, user rights must be clear. Users need to know they can change their minds at any time. This ongoing control over their data is a fundamental GDPR principle.

In the US (State-Specific Regulations)

Unlike the EU’s unified approach, the United States handles cookie consent through a patchwork of state laws. This creates a more complex landscape for website owners.

CCPA Compliance

California leads the way with its Consumer Privacy Act (CCPA), setting standards that many other states follow. Under CCPA, your cookie banner must:

• Inform users about personal data collection and usage
• Provide a clear path to opt out of data selling
• Ensure users can decline non-essential cookies without losing website access

Varying State Requirements

As data privacy gains attention, other states are creating their own rules:

• Virginia’s Consumer Data Protection Act (VCDPA) follows CCPA’s lead, requiring clear disclosures and opt-out options.
• Colorado’s Privacy Act (CPA) takes a similar approach, focusing on transparent data practices.

This variety means you might need different banner versions depending on where your users are located. However, many businesses choose to implement the strictest standards across their entire site for consistency and full compliance.

Summary Table of Cookie Banner Requirements

To ensure your cookie banner complies with the requirements in your region, using the Consentik Cookie Checker can simplify the process, providing a detailed analysis of your site’s cookie compliance.

Effective Examples For Cookie Banner

Looking for inspiration for your cookie banner? Let’s explore how leading brands successfully balance legal compliance with user experience in their cookie consent banners. Each example offers unique insights you can apply to your own website.

Steve Madden: Simplicity Meets Compliance

The fashion retailer – Steve Madden shows how to handle cookie consent elegantly on an ecommerce site. Their banner stands out because of this:

• Uses straightforward language: “We use cookies to improve your shopping experience” – direct and clear about the purpose
• Features a clean, minimalist design that matches their brand aesthetic
• Offers two clear buttons: “Accept All” and “Cookie Settings”
• Provides detailed control through a comprehensive “Your Privacy Choices” menu
• Maintains functionality without disrupting the shopping experience
• Places the banner at the bottom of the screen, visible but not intrusive

Ooni: Making Important Information Stand Out

Onni – A pizza oven company masterfully balances attention-grabbing design with user-friendly functionality:

• Uses bold, high-contrast text that catches the eye without being overwhelming
• Implements a smart two-tier system:
  • First level: Simple accept/decline options
  • Second level: Detailed cookie preferences in a separate menu
• Includes clear category explanations (necessary, performance, marketing)
• Features a prominent “More Information” link that opens their detailed cookie policy
• Uses friendly, conversational language while maintaining professionalism
• Ensures the banner is responsive on all devices

Tom’s of Maine: Building Trust Through Transparency

At Tom’s of Maine, their natural products company sets the standard for trust-building cookie consent:

• Opens with a privacy-first message: “We value your privacy and are committed to transparency”
• Provides comprehensive yet accessible information:
  • Clear cookie categories with plain-language explanations
  • Detailed purpose descriptions for each cookie type
  • Expected duration of cookie storage
• Features an easy-to-use preference center
• Includes a direct link to their full privacy policy
• Uses green accents to align with their natural brand while maintaining readability

Black Rifle Coffee: Balancing Brand Voice with Legal Requirements

Black Rifle Coffee shows how to maintain brand personality while ensuring compliance:

• Incorporates their signature brand colors and tone of voice
• Features a clear order of information:
  • Primary message about cookie usage
  • Secondary details about specific cookie types
  • Tertiary links to more detailed information
• Offers granular consent options without complexity
• Uses familiar fast-food ordering language to explain cookie choices
• Includes humor while maintaining professionalism
• Ensures all text is easily readable against their brand colors

Davines: Creating a Seamless User Experience

Davines demonstrates excellence in user-centric cookie consent design:

• Integrates seamlessly with their website design
• Uses their signature yellow and red thoughtfully:
  • Yellow for accept buttons
  • Red for important information
• Provides clear, hierarchical information:
  • Essential cookies explained first
  • Marketing and analytics cookies separated
  • Detailed explanations available on demand
• Features an easily accessible preference center
• Includes visual icons to help users understand different cookie types
• Maintains brand consistency while meeting legal requirements

Wrap Up

From understanding user preferences to complying with GDPR and CCPA, a cookie banner is your website’s gateway to transparency and trust. With the right design and functionality, you can provide a seamless experience for your visitors while protecting their privacy. Don’t wait—review and enhance your cookie banner now!