Cookie notice
Does a cookie notice appear on the first visit if the page sets analytics or advertising cookies?
What we check
We load the home page in a fresh browser, like a visitor who comes for the first time, and check whether a cookie notice becomes visible. Then we combine this with what the page actually does:
- No notice, but analytics or advertising cookies: warning. In the United States, where tracking needs no prior consent, a note.
- No notice, but other cookies or third parties: note, this has to be stated at least in the privacy policy.
- A cookie tool is included but shows no notice: note, because many tools only ask visitors from certain countries, such as the EU.
- Notice visible or no cookies and third parties: fine.
This is an automatic preliminary check, not legal advice.
Why it matters
Cookies are small files that a website stores in the browser. Some are technically necessary, for example for a shopping basket. Others serve analytics or advertising and recognise visitors over days or months.
- In the EU the GDPR and the ePrivacy rules (in Germany the TDDDG) require consent before analytics and advertising cookies are set. This also concerns websites outside the EU that are aimed at customers in the EU.
- In the UK the PECR and the UK GDPR require the same consent.
- In the United States tracking needs no prior consent, but state laws such as the CCPA give visitors the right to opt out of the sale or sharing of their data, and a Global Privacy Control signal from the browser counts as such an opt-out in California.
- In Switzerland the Telecommunications Act requires the operator to inform about cookies and to offer a way to refuse them.
A cookie notice alone is not enough: it must also really load the services only after consent. Many banners show "Accept" and "Decline", but the tracking already runs beforehand. The article on third parties checks that.
How to fix it
Option 1: banner with a real choice
Include a consent tool that
- shows a notice on the first visit,
- makes "Decline" as easy as "Accept",
- loads analytics and advertising services only after consent,
- makes the decision changeable later, for example via a link in the footer.
Common tools are Cookiebot, Usercentrics, CookieYes, Complianz and Borlabs Cookie (WordPress). Wix and Squarespace have their own cookie banners in the settings.
Option 2: without tracking, without a banner
Many websites do not need tracking across several websites. With these steps the banner often disappears altogether:
- analytics without cookies, e.g. with a self-hosted Matomo installation in cookieless mode or a privacy-friendly European service,
- fonts from the website's own server instead of from Google,
- maps as a static image with a link to Google Maps,
- load videos only after a click.
Tool installed but no notice visible
Check in the settings of the tool whether it is active only for certain countries. If that is intended, make sure that tracking for all other visitors still starts only after information or consent.
How to check it yourself
Open the website in a private browser window. Does a notice appear? Click "Decline" and check in the developer tools (F12) under "Application › Cookies" whether cookies such as _ga (Google Analytics) or _fbp (Meta) are set anyway.
Frequently asked questions
Does every website need a cookie banner?
No. If a website sets only technically necessary cookies and loads no tracking or advertising services, a banner is generally not needed. A note in the privacy policy is then enough.
The banner annoys visitors. Is there an alternative?
Yes: do without tracking. With analytics without cookies and without data sharing, self-hosted fonts and maps as an image with a link, the banner often disappears altogether.
Is this legal advice?
No. We check technically what happens on the first visit. Whether the solution meets the legal requirements is for a professional to judge.
Check a website now
We check "Cookie notice" and all other points in a few minutes, free and without sign-up.
Related topics
-
Third parties before consent
Does the home page transmit data to tracking services and other third parties on the very first visit?
-
Privacy policy and imprint
Does the home page link to a privacy policy, where required an imprint, and do these pages have content?
-
Date of the privacy policy
Is the privacy policy dated, and is it newer than the privacy law of the market and recently reviewed?
-
Effect of the cookie choice
Does the cookie notice offer rejecting on the first layer, and does the page stick to it?