Your cookie banner is a symptom, not a solution

“This website uses cookies to improve your experience.” Click. Dismiss. Every visitor does it on autopilot. Nobody reads it. Everyone is annoyed by it. And you think: it’s required by law.

But what if it isn’t?

A cookie banner is legally required if your website places non-essential cookies. Those are cookies that aren’t needed for your site to function, but are used to track, identify or profile visitors.

The most common culprits that collect data or place trackers:

If your site contains one or more of these elements, you’re legally required to request consent in advance. Hence the banner.

The problem with the banner

A cookie banner isn’t a solution. It’s a plaster on an architecture problem. And that plaster has side effects:

Visitors drop off. A banner is the first thing your visitor sees. Not your message, not your offer — a legal popup. Research shows that cookie banners measurably reduce conversions.

Most banners are illegal. An audit by French data protection authority CNIL showed that more than 60% of examined cookie banners failed to comply with the law. (Legiscope, 2024) Pre-ticked boxes, deceptive buttons, scripts already loading before consent — it’s the norm, not the exception.

You lose data. If a visitor clicks “Reject” (which happens increasingly often), you lose all analytics data about that visitor. You don’t know they were there, what they did, or why they left.

It’s like placing a form at your shop entrance that every customer must sign before entering. Some sign. Most walk past.

The question nobody asks

The question isn’t: “How do I make my cookie banner prettier?” The question is: “Why do I need a cookie banner at all?”

And the answer is almost always: because your website is stuffed with scripts and trackers that don’t need to be there. Not for you, not for your visitor — only for the platforms that profit from them.

A WordPress site with Google Analytics, Google Fonts, a YouTube embed and a Facebook pixel has at least four reasons for a cookie banner. Remove those four elements, and the banner can go.

When do you not need a banner?

The law is clear: if your website places no non-essential cookies, you don’t need to request consent. That means:

A clean, static website that avoids all these elements simply doesn’t need a cookie banner. Not because you’re circumventing the law — but because there’s nothing that requires consent.

What that means for your visitor

No banner means:

The irony

The irony is that a cookie banner — intended to protect privacy — in practice communicates the opposite. It says: “This site collects data about you.” That’s not a trust signal. That’s a warning.

A site without a banner says the opposite: “Nothing is being collected about you here. You’re simply welcome.”

It’s the difference between a shop where you must scan your ID at the door before entering, and a shop where the owner simply shakes your hand and welcomes you. Both are legal. But only one feels hospitable.

The conclusion

Your cookie banner isn’t a sign of compliance. It’s a sign that your website technically does more than necessary — and that your visitor pays the price in the form of irritation, distrust and a worse experience.

The solution isn’t a prettier banner. The solution is a website that doesn’t need one.


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Matt ten Seldam helps business owners with fast, secure and findable websites via tS-X.