Cookie Banners: The Origin, Current State, and What Users Really Think

If you've browsed the internet in the past few years, you've encountered them hundreds — perhaps thousands — of times. Cookie banners. Those pop-ups, overlays, and bottom bars asking you to "Accept All," "Manage Preferences," or wade through confusing options before you can read a single word of content.

Love them or hate them (and most people hate them), cookie banners have become one of the most visible — and controversial — artifacts of modern privacy regulation. But how did we get here? And is there a better way forward?

The Origin Story: How Cookie Banners Came to Be

The Birth of HTTP Cookies (1994)

Before we can understand cookie banners, we need to understand cookies themselves. In 1994, Lou Montulli, a programmer at Netscape, invented the HTTP cookie to solve a simple problem: the web was stateless.

Every time you visited a webpage, the server had no memory of your previous visits. You couldn't stay logged in. Shopping carts couldn't remember what you'd added. Montulli's solution was elegant: small text files stored on your computer that websites could read and write.

The name "cookie" came from "magic cookie," a term in computing for a token passed between programs. It was never meant to be sinister — just practical.

The Tracking Problem Emerges (2000s)

For years, cookies worked as intended. But as the internet commercialized, advertisers discovered their potential. Third-party cookies — placed by domains other than the one you're visiting — enabled cross-site tracking. Suddenly, an ad network could follow you across thousands of websites, building detailed profiles of your interests, behaviors, and purchasing patterns.

By the mid-2000s, the tracking ecosystem had grown into a multi-billion dollar industry. Most users had no idea this was happening.

The EU ePrivacy Directive (2002, Updated 2009)

The European Union was the first major jurisdiction to act. The original ePrivacy Directive (2002/58/EC) addressed electronic communications privacy, but it was the 2009 amendment that introduced the cookie consent requirement.

Article 5(3) stated that storing information on a user's device required:

• Clear and comprehensive information about purposes
• The user's consent

This was the birth of the cookie banner. But implementation was inconsistent. Many websites used "implied consent" — continuing to browse meant you agreed. The banners were often small, easily missed, and largely ineffective.

GDPR Changes Everything (2018)

The General Data Protection Regulation, which took effect on May 25, 2018, transformed the landscape. GDPR didn't specifically target cookies, but its strict consent requirements applied to any processing of personal data — including data collected via cookies.

Under GDPR, valid consent must be:

• Freely given — no forced bundling or "cookie walls"
• Specific — separate consent for separate purposes
• Informed — clear explanation of what you're agreeing to
• Unambiguous — a clear affirmative action (no pre-ticked boxes)
• Withdrawable — as easy to withdraw as to give

This meant the old "implied consent" banners were no longer compliant. Websites needed actual consent mechanisms — and suddenly, cookie banners became unavoidable.

The Current State: A Fragmented Global Landscape

Europe: The Strictest Approach

Europe remains the most regulated market for cookie consent:

Enforcement has intensified. Notable fines include:

• Amazon — €746 million (Luxembourg, 2021) for GDPR violations including cookie consent
• Google — €150 million (France, 2022) for making cookie rejection difficult
• Microsoft — €60 million (France, 2022) for similar violations

The French data protection authority (CNIL) has been particularly aggressive, requiring that rejecting cookies must be as easy as accepting them — a single click, not buried in menus.

United States: The Patchwork Approach

The US has no federal cookie law, creating a state-by-state patchwork:

California (CCPA/CPRA)

• Requires disclosure of cookie usage in privacy policy
• "Do Not Sell My Personal Information" link required
• No explicit prior consent required, but opt-out must be honored

Colorado, Virginia, Connecticut

• Similar opt-out frameworks
• Cookie consent not explicitly required but recommended

Other States

• Minimal or no specific cookie requirements
• General deceptive practices laws may apply

This fragmentation means US-based websites often display different experiences to users based on location.

Rest of World: Emerging Regulations

Brazil (LGPD)

• Similar to GDPR
• Consent required for processing personal data
• Cookie banners becoming standard practice

China (PIPL)

• Consent required for personal information processing
• Separate consent for sensitive data
• Many international sites blocked, limiting impact

Japan, South Korea, Singapore

• Various consent and disclosure requirements
• Generally less strict than GDPR

Australia, New Zealand

• No specific cookie laws
• Privacy laws cover personal information broadly
• Cookie banners often voluntary

What Cookie Banners Look Like Today

The Good: Compliant and User-Friendly

Some organizations have invested in creating genuinely helpful consent experiences:

┌─────────────────────────────────────────────────────────┐
│  🍪 Privacy Settings                                    │
│                                                         │
│  We use cookies to improve your experience.             │
│                                                         │
│  ☑ Essential (required for site functionality)          │
│  ☐ Analytics (helps us improve)                         │
│  ☐ Marketing (personalized ads)                         │
│                                                         │
│  [Reject All]  [Accept Selected]  [Accept All]          │
│                                                         │
│  Learn more about our Cookie Policy                     │
└─────────────────────────────────────────────────────────┘

Characteristics of good cookie banners:

• Clear categories with explanations
• Equal prominence for accept and reject
• Granular control available
• Preferences easily changeable later
• Remembers your choice across visits

The Bad: Dark Patterns and Manipulation

Unfortunately, many cookie banners employ "dark patterns" — design tricks that manipulate users into consent:

The "Accept" Emphasis

┌─────────────────────────────────────────────────────────┐
│  We use cookies to enhance your experience              │
│                                                         │
│  [    ACCEPT ALL    ]    Manage preferences →           │
└─────────────────────────────────────────────────────────┘

The accept button is large and colorful; the alternative is a tiny link.

The Labyrinth Clicking "Manage preferences" leads to pages of toggles, legal jargon, and nested menus. Users give up and click "Accept All."

The Pre-selected Checkboxes Despite being explicitly prohibited by GDPR, many sites still pre-tick optional cookie categories.

The Cookie Wall "To access this content, please accept cookies" — blocking content until users consent.

The Deceptive Language "By continuing to browse, you agree to our use of cookies" — treating inaction as consent.

Studies on Dark Pattern Prevalence

Research consistently shows dark patterns are rampant:

• 2019 Study (Nouwens et al.): Only 11.8% of UK cookie banners met minimum GDPR requirements
• 2020 Study (Matte et al.): 54% of European sites violated at least one GDPR consent requirement
• 2022 Study (Santos et al.): 91% of cookie banners had at least one dark pattern

What Users Really Think

The Overwhelming Sentiment: Frustration

Survey after survey reveals the same thing: users are exhausted.

Key Statistics:

Why Users Just Click "Accept All"

The paradox of cookie consent is that despite caring about privacy, most users immediately click "Accept All." The reasons are revealing:

1. Consent Fatigue The average user encounters 500+ cookie banners per month. Making an informed decision each time is impossible.

"I gave up. I just click accept to make it go away. I know it's bad, but I don't have time to read every popup on every website." — Reddit user, r/privacy

2. The Cognitive Load Is Unreasonable Understanding cookie categories, tracking technologies, and third-party data sharing requires technical knowledge most users don't have.

"They ask me about 'legitimate interest' and 'functional cookies' — I have a PhD and I don't know what these mean in this context." — Twitter user

3. The Game Is Rigged Users sense that cookie banners are designed to frustrate them into compliance.

"If it takes 5 clicks to reject cookies and 1 click to accept, they're not really asking for my consent. They're just going through the motions." — Hacker News comment

4. It Doesn't Feel Like It Matters Many users doubt their choices make a difference.

"I clicked 'Reject All' on a site, then saw the same targeted ads. What's the point?" — Survey respondent

The Privacy Paradox

Researchers have documented the "privacy paradox" — the gap between stated privacy preferences and actual behavior:

• 79% of users say online privacy is important
• 95% click "Accept All" on cookie banners
• 3% actually read privacy policies

This isn't hypocrisy. It's a rational response to an impossible situation. Users are being asked to make thousands of complex decisions without adequate information or time.

User Proposals and Wishes

When asked what they want, users consistently describe:

1. Browser-Level Controls

"I should be able to set my preferences once in my browser, not on every single website."

2. Simpler Categories

"Just tell me: does this track me for ads? Yes or no."

3. Trust Signals

"Show me a badge if a site respects my choices. Like a privacy seal."

4. Legal Protection

"If I say no, there should be actual consequences if they track me anyway."

The Technical Reality Behind the Scenes

How Cookie Consent Management Platforms Work

Most websites don't build their own cookie banners. They use Consent Management Platforms (CMPs) like:

• OneTrust
• Cookiebot
• TrustArc
• Usercentrics
• Quantcast Choice

These platforms:

1. Scan websites for cookies and trackers
2. Categorize them (essential, analytics, marketing, etc.)
3. Display consent banners
4. Record user consent choices
5. Block cookies until consent is given (theoretically)

The Compliance Theater Problem

The uncomfortable truth is that many cookie consent implementations are "compliance theater" — they appear compliant while actually being ineffective:

Cookie Banners That Don't Actually Block Cookies Studies have found that 30-50% of CMPs fail to properly block cookies before consent. Cookies are set, then the banner asks for consent.

Third-Party Scripts That Ignore Consent Even if a website respects consent, third-party scripts (ads, analytics, social widgets) often load their own cookies regardless.

Consent Passed to Data Brokers When you click "Accept," your consent signal may be passed through a complex chain of data brokers and ad exchanges — but was that really what you consented to?

IAB Transparency and Consent Framework

The advertising industry created the IAB TCF to standardize consent:

• Creates a consent string encoding user preferences
• Passed through the advertising supply chain
• 1000+ registered vendors can read consent status

Critics argue:

• Users can't meaningfully consent to 1000+ vendors
• The framework legitimizes surveillance advertising
• "Legitimate interest" loophole undermines consent

The Future: What Might Change

Technical Solutions

Global Privacy Control (GPC) A browser signal that communicates user privacy preferences. California's CCPA requires websites to honor GPC signals. If adopted broadly, it could eliminate the need for repeated consent requests.

Privacy Sandbox (Chrome) Google's initiative to replace third-party cookies with privacy-preserving alternatives like:

• Topics API (interest-based advertising without tracking)
• Attribution Reporting (conversion measurement without cross-site data)

Browser-Level Consent Proposals for browsers to manage consent universally:

• Set preferences once, applied everywhere
• Standardized consent vocabulary
• Visual indicators of site compliance

Regulatory Evolution

ePrivacy Regulation (Pending) The EU's ePrivacy Regulation, intended to replace the directive, has been delayed for years. If passed, it could:

• Require browser-level consent management
• Restrict cookie walls
• Increase penalties for violations

US Federal Privacy Law (Maybe) The American Data Privacy and Protection Act (ADPPA) has bipartisan support but hasn't passed. It would:

• Create national privacy standards
• Require opt-out for targeted advertising
• Potentially simplify the consent landscape

Industry Self-Regulation

Some advertisers are pre-emptively moving away from tracking:

• Apple's App Tracking Transparency — 75% of iOS users opt out when asked
• Firefox, Safari, Brave — Block third-party cookies by default
• Google Chrome — Third-party cookies to be deprecated (timeline keeps shifting)

The "No Cookies" Movement

Some websites are abandoning tracking cookies entirely:

• Fathom, Plausible, SimpleAnalytics — Privacy-first analytics without cookies
• Contextual advertising — Ads based on page content, not user tracking
• First-party data strategies — Building direct relationships with users

What This Means for Website Operators

If You're Building a Website Today

Option 1: Minimize Cookies Ask yourself: do you really need tracking cookies?

• Use privacy-first analytics (no consent required for anonymous analytics)
• Avoid ad networks that rely on third-party cookies
• Use contextual advertising instead of targeted ads

Option 2: Implement Proper Consent If you need cookies, do it right:

• Use a reputable CMP
• Actually block cookies until consent is given
• Make rejection as easy as acceptance
• Don't use dark patterns — regulators are watching
• Honor browser privacy signals (GPC, DNT)

Option 3: Consider Regional Approaches

• EU users: strict GDPR-compliant consent
• US users: CCPA opt-out mechanism
• Other regions: follow best practices or strictest standard

The Business Case for Privacy-First

Beyond compliance, there are business reasons to minimize tracking:

• User trust — Privacy-respecting sites build loyalty
• Page speed — Fewer trackers mean faster loads
• Reduced liability — Less data means less risk
• Future-proofing — Regulation is only getting stricter

Conclusion: A Necessary Evil or a Broken System?

Cookie banners emerged from a genuine desire to give users control over their data. The intent was noble: informed consent, transparency, user autonomy.

But the implementation has been a disaster. Instead of empowerment, users feel annoyed. Instead of transparency, we have complexity. Instead of genuine choice, we have dark patterns and consent theater.

The problem isn't the principle — it's the execution. Asking users to make informed decisions about hundreds of data processors on every website they visit is not consent; it's performance.

The path forward likely involves:

• Browser-level consent that travels with users
• Technical standards that eliminate the need for per-site decisions
• Regulations that hold violators accountable
• Business models that don't require surveillance

Until then, cookie banners remain what they've become: a monument to the gap between privacy ideals and internet economics.

The next time you see one, you might feel a little less frustrated — and a little more understanding of how we got here.

Have questions about implementing cookie consent? Check out our GDPR and CCPA compliance guides for detailed requirements.