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Last reviewed: 2026-05-04 Methodology Report inaccuracy

Topic · CONSENT

Cookie banner requirements

When you need a cookie banner, what it must contain, and how to make it work across jurisdictions.

A cookie banner is required wherever your site reads or writes non-essential information on a user’s device. Under ePrivacy Directive Article 5(3) and GDPR Article 6, the trigger is “access to terminal-equipment” — not whether you call it a “cookie”. Local storage, IndexedDB, fingerprinting, browser-stored consent IDs all count.

Where banners are mandatory

Hard-required across the EU/EEA when any non-essential storage is used: Germany, France, Italy, Spain, Netherlands, Austria, Belgium, Ireland, Sweden, Poland, Portugal, plus the UK under PECR.

Recommended but not statutorily required: Canada, Australia, Japan, Singapore. Not required: California (use a “Do Not Sell or Share” link instead), Virginia, Texas, Switzerland.

What every EU banner must contain

Common mistakes

Loading Google Tag Manager unconditionally before consent. Setting cookies (including cookie_consent itself) longer than 13 months — French CNIL position. Treating “continued browsing” or scrolling as consent — invalid in every EU jurisdiction. Geo-IP gating only the EU when other jurisdictions also require banners.

Templates and tooling

See templates for jurisdiction-specific banner texts. Compare specific jurisdictions side-by-side via /compare/germany-vs-france/ or three-way comparisons like germany-vs-france-vs-italy.

Editorial research, not legal advice. Consult a qualified DPO or attorney before deploying.