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Is a cookie banner required on your website?

Kevin Tieman ·

Short answer

A cookie banner is only required if your website uses cookies or similar techniques that need consent, such as advertising cookies, social media tracking pixels and embeds that follow visitors. For cookies that are technically necessary, such as a shopping basket or a login, you do not have to ask. The same goes for statistics that barely touch privacy. A site without trackers needs no banner, and for a business site that is often achievable.

What is the rule about?

Everything a website stores on a visitor’s device or reads from it. Cookies are the best known, but pixels, scripts that recognise a device and storage in the browser count too. In the Netherlands the rule is in the Telecommunicatiewet, the Dutch telecommunications act. As soon as personal data is processed as well, the GDPR (in Dutch, the AVG) applies on top.

The main rule: inform first and ask for consent. There are two exceptions.

Kind Example Consent needed?
Functional Shopping basket, login, language choice No
Statistics with little privacy intrusion Visitor numbers without profiles or sharing with third parties No
Statistics that follow visitors or share data Google Analytics in the default setup Yes
Advertising and remarketing Pixels from Meta, Google Ads, LinkedIn Yes
Embedded third-party content YouTube, maps, social media, some chat tools Yes, unless loaded only after a click

Even where consent is not required, you must tell visitors what you do. That goes in a privacy statement.

Why do almost all sites have a banner, then?

Because they load more than they need. An average business site has a measuring tool, an advertising pixel that was once placed for a campaign, an embedded video and fonts fetched from a third party. Someone added each of these for a good reason. Together they make a banner mandatory.

For an online shop that advertises, that is a deliberate choice. For the site of an installation company or an accountancy firm, it is usually a leftover.

What does a banner cost you?

More than the annoyance. A banner is the first thing a visitor sees and clicks away. It loads extra code, which slows the site down and hits Google’s measurements. How that works is covered in Core Web Vitals explained. And a banner that does not meet the rules is a bigger risk than no banner on a site that does not need one.

How do you build a site without a banner?

By asking of each component whether it is needed.

  • Measure without following. There are measuring tools that count visits without cookies and without passing on data. You see how many visitors come and which pages they read. Who they were, you do not see, and you do not need to.
  • Fonts on your own server. Saves a request to a third party and makes the site faster.
  • Load the video only after a click. The visitor sees a still image; the YouTube player only comes when they tap it.
  • A map as an image with a link to the directions.
  • No pixels without a campaign. If no advertising campaign is running, the pixel has no purpose.

Our own site works this way: no cookies, no trackers, fonts on our own server. At the bottom of every page it says so in one sentence, and there is no banner.

And if you do advertise?

Then you need a banner, and it has to be right.

  • Load nothing before the choice. Showing a banner while the pixels are already running is the most common mistake.
  • Refusing as easy as accepting.
  • No pre-ticked boxes.
  • The choice can be changed later.
  • Explain per purpose what happens, in plain language.

We are not lawyers. For an assessment of your situation, see the Autoriteit Persoonsgegevens or ask a privacy lawyer. What we do when we build a website is build it so that the question stays as small as possible.

Questions

Do you need a cookie banner for Google Analytics?

In the default setup, yes. Google Analytics shares data with Google and can recognise visitors over a longer period, and that needs consent. The exception for statistics only covers measuring tools that intrude little on privacy: no sharing data with third parties for their own purposes, no profiles, no link to advertising. Tools that work like that exist and measure without cookies.

Can you block a site for people who refuse cookies?

No. A so-called cookie wall, where a visitor can only continue after agreeing to tracking cookies, does not give valid consent according to the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority. Consent has to be freely given. Refusing must therefore be as easy as accepting: a refuse button in the same place, equally visible, and no pre-ticked boxes.

Does a YouTube video on your site place cookies?

Yes, a standard embedded YouTube video loads code from Google as soon as the page opens, even if the visitor does not play the video. That needs consent. The same goes for embedded maps, social media and many chat tools. You can avoid it by loading the video only after the visitor clicks on it, or by hosting the video yourself.

Who checks the cookie rules?

In the Netherlands two regulators do. The Autoriteit Consument en Markt (ACM), the consumer and market authority, watches the cookie provision in the Telecommunicatiewet, the Dutch telecommunications act. The Autoriteit Persoonsgegevens watches the processing of personal data under the GDPR, and has paid extra attention to misleading banners in recent years. For cookies that follow visitors, both laws apply at once.

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