The cookie banner is the element that informs your visitors about the use of cookies on your site and allows them to manage their consent preferences. But is it always mandatory and in what cases should you implement it?
What is a cookie banner?
A cookie banner is a notification displayed to your website visitors to:
Inform about the use of cookies and other trackers.
Obtain user consent for non-essential cookies (advertising, analytics, etc.).
Allow users to easily manage their preferences.
When is it mandatory?
Two European regulations apply to your site, and they do not answer the same question.
Regulation | What it covers | The question it answers |
ePrivacy Directive, transposed in each Member State by national law â in France, article 82 of the Data Protection Act | The storage or reading of information on the visitor's device (computer, phone, tablet) | Do I need a cookie banner? |
GDPR | The processing of personal data | What is the legal basis for processing this data, and what must I tell my visitors? |
It is the first one that determines whether you need a banner. Specifically, you must display one as soon as your site stores or reads information on your visitors' devices without this being strictly necessary for its operation or the service they requested (for example: statistical tracking, advertising, personalization, etc.).
The criterion is not the collection of personal data. It is access to the device that triggers the obligation, not the nature of the information stored or read on it.
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A tracker may require consent even if the information it stores is not personal data. This includes cookies, but also localStorage, device identifiers, pixels, and device identification techniques.
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Conversely, a service that processes personal data without ever storing or reading anything on the device does not fall under this rule. It falls under the GDPR: you need a legal basis and information for your visitors, but not necessarily a cookie banner.
If you only use trackers strictly necessary for the site to function (for example: shopping cart, secure login), the banner is not mandatory. We still recommend creating one with only an information screen, specially designed to list functional cookies!
Let Shake guide you
Over time, on your website, you may install third-party tools and plugins, or load personalized content... without thinking about the compliance impact it may have. So it's not always easy to know what resources your site loads from third parties!
Our Shake site scanner automatically analyzes your site and identifies the cookies and trackers it loads. You get an inventory of what is stored or read on your visitors' devices, without having to spend hours searching through your code or analytics tools â the starting point for determining whether you need a banner. In just a few clicks, you can then configure your Axeptio banner to be compliant and transparent with your visitors.