You installed a cookie banner. Users see it. They click "Accept" or "Reject." Job done, right?
Unfortunately, for many websites, the cookie banner is a compliance placebo—it creates the appearance of GDPR compliance without the reality. Here's why your banner might be failing you, and how to tell if you're actually protected.
The Cookie Banner Illusion
A cookie consent banner is supposed to do two things:
- Inform users about cookies and give them choices
- Actually block non-essential cookies until consent is given
Most banners do the first part reasonably well. The second part? That's where things fall apart.
The uncomfortable truth is that many cookie banners are essentially decorative. They show up, users click through, but tracking has already started in the background. The banner is performing for the user while doing nothing to protect their privacy—or your compliance.
Five Ways Your Cookie Banner Is Failing
1. The Banner Appears, But Cookies Are Already Set
This is the most common failure mode. Your banner might display prominently, asking for consent, but by the time it appears:
- Google Analytics has already loaded
- Facebook Pixel has already fired
- Hotjar is already recording the session
- Marketing cookies from half a dozen vendors are already set
Why this happens:
- Scripts load synchronously before the CMP initializes
- The CMP script loads after other scripts in the page
- Race conditions between CMP and tracking scripts
- Scripts hardcoded in theme files that bypass the CMP
How to check: Clear all cookies, visit your site, and check what cookies exist BEFORE you interact with the banner. If non-essential cookies are already there, your banner is theater.
2. "Reject" Doesn't Actually Reject
Users click "Reject All" or "Only Necessary Cookies," expecting that to mean something. Often, it doesn't.
Common failures:
- The reject button doesn't trigger script blocking
- Some scripts aren't connected to the consent system
- The CMP only controls some cookies, not all
- Third-party scripts ignore the consent state
The test: Reject all cookies on your site, then check what cookies are set. If you find analytics or marketing cookies, your reject button is broken.
3. The CMP Doesn't Control All Scripts
Your CMP might be perfectly configured for the scripts it knows about. But what about:
- The tracking pixel your marketing team added directly to the theme
- The WordPress plugin that includes its own analytics
- The chat widget that loads outside your tag manager
- The video embed that pulls in YouTube's tracking
- The font service that sets performance cookies
The pattern: CMPs control what they're configured to control. Everything else runs free.
4. Dark Patterns Undermine Consent Validity
Even if your banner technically works, dark patterns can make the consent invalid under GDPR:
Invalid consent patterns:
- "Accept" is a bright button; "Reject" is hidden text
- Rejecting requires clicking through multiple screens
- Pre-checked boxes for consent categories
- "Legitimate interest" used for marketing (spoiler: it's not legitimate)
- Cookie walls that block content unless you accept
The GDPR standard: Consent must be freely given, specific, informed, and unambiguous. If your banner makes accepting the easy path and rejecting difficult, regulators may consider all consent invalid.
5. Scripts Load Before CMP Initializes
This is a technical issue that catches many developers:
The typical page load sequence (problematic):
- HTML begins parsing
- Scripts in
<head>start loading - Google Analytics initializes
- Facebook Pixel fires
- CMP script loads
- CMP displays banner
- User makes a choice
- (Too late—tracking already happened)
The correct sequence:
- HTML begins parsing
- CMP script loads FIRST
- CMP blocks all other scripts
- Banner displays
- User makes a choice
- CMP unblocks allowed scripts
- Allowed tracking begins
The difference matters enormously for compliance.
Signs Your Banner Is Actually Working
How can you tell if your cookie banner is doing its job?
Green Flags
- Clean pre-consent state: No analytics or marketing cookies before interaction
- Immediate blocking: Third-party scripts don't even load until consent
- Functional reject: Clicking reject results in no non-essential cookies
- Consistent behavior: Works the same across all pages
- Proper consent record: Your CMP logs consent with timestamps
Red Flags
- GA/FB cookies present before consent: Immediate violation indicator
- Network requests to ad domains pre-consent: Scripts are firing early
- Cookies appear after rejecting: The reject button doesn't work
- Different behavior on different pages: Inconsistent implementation
- No consent record in CMP dashboard: You can't prove compliance
The Real Test: A Compliance Scan
The definitive way to know if your banner is working is to scan your site as a fresh visitor would see it.
A proper compliance scan:
- Visits your site with zero cookies or history
- Captures all cookies and network requests immediately
- Does NOT interact with any banner
- Reports everything that happened pre-consent
If your Gretel Score is below 80, your banner isn't providing the protection you think it is.
How to Fix a Failing Banner
Step 1: Verify CMP Script Priority
Your CMP must load before anything else:
<head>
<!-- CMP should be first -->
<script src="your-cmp-script.js"></script>
<!-- Everything else comes after -->
<script src="other-scripts.js"></script>
</head>For tag managers, ensure the CMP is a "first-fire" tag with no dependencies.
Step 2: Audit All Script Sources
Identify every script on your site:
- Tag manager tags
- Hardcoded scripts in theme
- Plugin-injected scripts
- Third-party embeds
Each one needs to be controlled by your CMP.
Step 3: Configure Proper Blocking
Your CMP should block scripts by:
- Script URL patterns
- Cookie names
- Request destinations
Configure blocking rules for every non-essential script you found.
Step 4: Test Consent States
After configuration, test every scenario:
- Accept all: Full tracking should work
- Reject all: No tracking should occur
- Partial consent: Only selected categories should track
- Withdraw consent: Tracking should stop
Step 5: Verify with a Scan
After making changes, scan again:
- Pre-consent cookies should be zero (except necessary)
- Pre-consent network requests should exclude tracking domains
- Your Gretel Score should improve
Step 6: Monitor Continuously
Cookie compliance degrades over time. Set up:
- Weekly automated scans
- Alerts on score changes
- Post-deployment verification
The Cost of a Failing Banner
A decorative banner that doesn't actually work is arguably worse than no banner at all:
Legal risk: You've demonstrated awareness of the requirement but failed to comply—potentially increasing liability False confidence: You think you're compliant when you're not Wasted effort: The banner annoys users without providing protection Same fine risk: Regulators will penalize violations regardless of whether a banner exists
From Theater to Protection
Transform your cookie banner from compliance theater to actual compliance:
- Scan first: Know your current state
- Fix gaps: Address every pre-consent violation
- Verify fixes: Scan again to confirm
- Monitor ongoing: Don't let compliance drift
Your cookie banner should be a security measure, not security theater.
Ready to Know the Truth?
Stop assuming your banner works. Find out.
In 30 seconds, see exactly what happens on your site before users touch the consent banner. The results might surprise you.
The Crumb Trail is Gretelfy's blog about cookie compliance, privacy regulations, and building trust with your website visitors. Subscribe for weekly insights.