If you've ever wondered whether your website needs a cookie consent popup, the short answer is: probably yes, especially if your site is accessible by users in the European Union. But the reality is more nuanced - and more technical - than it might seem from surface-level advice or plugin marketing.
When Is a Cookie Consent Popup Required?
Under the EU's ePrivacy Directive and GDPR, any website that uses non-essential cookies (e.g. for analytics, advertising, or social media integration) must obtain explicit consent from users before setting those cookies. This requirement applies not just to websites targeting EU users, but to any site that is accessible to EU residents.
Unless you're actively blocking access to EU visitors (such as through geoblocking), your site needs to comply.
What If My Website Is US-Based and Only Serves US Customers?
If your site is strictly focused on the US, and you can guarantee that it doesn't collect data from EU users, you're not currently required to show a cookie consent popup under US law. However:
- California's CCPA requires you to disclose data collection and offer opt-out for data selling, but it doesn't require prior cookie consent like GDPR does.
- That said, it's becoming a best practice to adopt consent banners as privacy regulations continue to evolve state-by-state.
How Do You Actually Enforce Cookie Consent?
Implementing a popup is the easy part. The challenge is enforcing cookie choices. If a user opts out of non-essential cookies, your site must:
- Prevent loading of third-party scripts that set those cookies.
- Avoid preloading analytics, ads, or tracking scripts until explicit consent is given.
This means your HTML and JavaScript must be set up to conditionally load scripts only after consent is confirmed. Here's a basic example for Google Analytics:
if (localStorage.getItem('cookieAccepted') === 'true') {
const ga = document.createElement('script');
ga.src = 'https://www.googletagmanager.com/gtag/js?id=GA_MEASUREMENT_ID';
document.head.appendChild(ga);
}
What About Cookie Consent Tools Like Cookiebot?
Cookiebot and similar services offer automated consent solutions - but they still require manual work:
- You need to replace or tag your <script> elements so that they don't load before consent is granted.
- Example: change
<script>to<script type="text/plain" data-cookieconsent="marketing"> - You must audit and classify all scripts: analytics, advertising, CRM, etc.
They help with banner design and consent storage, but they don't block cookies on their own. You still have to identify what's being used and label it correctly.
Final Thoughts
Adding a cookie banner is not just a checkbox task - it's a commitment to responsible data handling. You need to:
- Know what scripts you're using.
- Classify them properly (essential vs. non-essential).
- Control how and when they load based on user consent.
If your site serves a global audience - or might be accessed by one - implementing a consent mechanism is both a legal obligation and a transparency best practice.