In this article, you’ll find out what’s changed, the common mistakes to avoid, and how to make sure your Cookie Consent still holds up under today’s laws.
Key Takeaways:
- GDPR enforcement has intensified in 2025, with regulators cracking down on dark patterns and non-compliant banners. Sweden’s IMY has issued formal warnings to major companies, such as ATG and Warner Music Sweden, for misleading consent interfaces.
- Switzerland’s revised FADP now requires explicit, reversible consent before setting non-essential cookies, bringing its standards closer to the GDPR.
- California’s CPRA is entirely in effect, demanding support for Global Privacy Control (GPC) and mandatory “Do Not Sell or Share” links—eight additional U.S. states implemented their own privacy laws in 2025.
- One-size-fits-all consent banners are no longer viable, as regional laws vary, and failing to adapt banners based on user location can result in non-compliance.
- Third-Party Cookies are being phased out, with Chrome joining Safari, Firefox, Brave, and DuckDuckGo in blocking them—ushering in a shift toward First-party data, contextual targeting, and consent-driven tracking.
- Only 15% of top websites comply with modern consent laws, according to a 2025 study—many still fail to offer clear opt-out options or rely on outdated implied consent mechanisms.
- Common compliance pitfalls include loading cookies before obtaining consent, using vague or passive language, hiding rejection options, and failing to comply with local laws, such as those in the EU, U.S., or Switzerland.
- A valid 2025 banner must include granular cookie category controls, prior consent for non-essential cookies, and auditable records of user preferences.
- Consent Management Platforms (CMPs), such as CookieScript, help businesses stay compliant by offering real-time cookie scanning, location-based consent logic, user-controlled settings, integration with platforms like WordPress and Google Tag Manager, and compliance with frameworks like Google Consent Mode v2 and IAB TCF v2.2.
- If your Cookie Banner hasn’t been updated recently, NOW is the time—regulatory pressure, technical changes, and user expectations are all rising in 2025.
Privacy Law Updates for 2025
If you haven’t revisited your Cookie Consent setup lately, 2025 might catch you off guard. The rules have evolved fast this year, and many of the tools businesses once relied on to track users are either outdated or no longer allowed.
With stronger privacy laws, stricter enforcement, and the phasing out of Third-Party Cookies, the pressure to adapt is real—and growing.
GDPR in 2025: Clarity, Coordination, and Crackdowns
In the EU, GDPR enforcement has picked up serious speed this year. Regulators are finally making progress on long-delayed cross-border investigations, and 2025 is shaping up to be the year of real-time accountability. Companies that cut corners on consent mechanisms are now under a brighter spotlight.
GDPR fines range from up to €10 million or 2% of global turnover for minor violations, to €20 million or 4% for serious breaches like unlawful processing or missing consent.
One clear signal came in April 2025, when Sweden’s Data Protection Authority (IMY) issued formal warnings to several major companies for non-compliant cookie banners.
Their findings? Sites were nudging users toward “Accept All” with bolder button styles, hiding the reject option behind multiple clicks, and using pre-ticked boxes for non-essential cookies.
Among the companies warned were ATG (Aktiebolaget Trav och Galopp), Aller Media AB, and Warner Music Sweden AB.
IMY found that these companies' websites used banner designs that subtly pressured users into accepting tracking—such as making the “Accept All” button prominent and colorful while relegating the reject option to harder-to-find, less visible links.
In some cases, like ATG’s, withdrawing consent required navigating several layers hidden in the site’s footer.
IMY called these designs out as dark patterns—and made it clear they won’t be tolerated going forward. They reaffirmed that consent must be freely given, specific, informed, and unambiguous.
This isn't just Sweden acting alone. It’s part of a broader EU push to crack down on manipulative interfaces and reinforce the basics: users need a real, honest choice.
Stricter consent guidance in Switzerland
Switzerland has also raised its expectations in 2025, aligning more closely with the GDPR while keeping its own distinct flavor.
Under the revised Federal Act on Data Protection (FADP), explicit consent is now required before setting non-essential cookies. And critically, users must be able to withdraw that consent as easily as they gave it—a detail many banners still get wrong.
To help businesses catch up, the Swiss Federal Data Protection and Information Commissioner (FDPIC) released a 20-page guide this year.
It covers everything from banner language to cookie categorization, with clear instructions on how to make consent meaningful and reversible. If your site targets—or even occasionally reaches—Swiss users, ignoring this guidance could be a costly oversight.
CPRA and the growing patchwork of US state laws
California’s CPRA/CCPA is now fully enforceable, and it’s raised the bar for how companies collect and manage consent—especially when sharing data for behavioral advertising.
Sites must now support Global Privacy Control (GPC) signals and clearly display a “Do Not Sell or Share My Personal Information” link. If your site doesn’t respond to GPC automatically, you’re already out of step with California law.
Under CPRA/CCPA, fines can reach $2,500 per unintentional violation and $7,500 for intentional breaches or those involving minors under 16.
And California’s no longer alone. In 2025, eight more U.S. states—including Texas, Oregon, Florida, Montana, Utah, Iowa, Tennessee, and Indiana—launched their own privacy laws.
They share broad ideas like opt-out rights and data access, but each one interprets those differently. What works in one state could leave you exposed in another. If your banner isn’t dynamic and jurisdiction-aware, that’s a problem.
These laws don’t just live in policy docs—they directly affect how and when you collect consent for tracking tools like cookies and pixels. Static banners with a single "Accept All" button and no real opt-out? That approach doesn’t hold up anymore.
The Cookie is Crumbling
Perhaps the most significant shift of all in 2025 isn’t legal—it’s technical. The tools that once fueled online advertising and audience profiling are quickly becoming obsolete.
This year, Google officially began phasing out third-party cookies in Chrome, the world’s most widely used browser. But Google is actually late to the party.
Apple was one of the first to move, starting in 2020 with Safari’s Intelligent Tracking Prevention (ITP), which now blocks all third-party cookies by default and limits tracking methods like fingerprinting and link decoration.
Mozilla followed with Enhanced Tracking Protection in Firefox, also launched in 2020, cutting off third-party cookies and social media trackers for millions of users.
Brave and DuckDuckGo, both privacy-first browsers, have gone even further—blocking not just cookies but a wide range of online trackers by default since as early as 2019.
Now that Chrome is removing third-party cookies, the industry’s largest holdout is finally aligned with the rest of the privacy-first ecosystem. As a result, third-party cookie-based advertising is rapidly becoming a thing of the past.
For businesses, this means shifting the focus to First-party data, contextual advertising, and consent-driven tracking.
Google offers tools like Consent Mode v2, Privacy Sandbox, and server-side tagging to help bridge the gap between compliance and ad performance.
Meanwhile, Apple provides Privacy Nutrition Labels and App Tracking Transparency (ATT) across its platforms.
Mozilla promotes Total Cookie Protection, which isolates cookies from the site where they were created.
Brave and DuckDuckGo offer built-in tracker blockers, anonymous search, and alternative ad systems that don’t rely on personal data.
If your setup still leans heavily on cross-site tracking, now’s the time to rebuild—because the third-party cookie is no longer the web’s foundation. It’s the past.
Common Consent Mistakes Businesses Still Make
Even in 2025, a surprising number of websites are still missing the mark when it comes to Cookie Consent.
A recent study of the top 10,000 websites across 31 countries found that while 67% display some form of a Cookie Banner, only 15% met basic compliance requirements—most notably due to missing or unclear options to reject non-essential cookies.
In the UK alone, a January 2025 audit by the Information Commissioner's Office (ICO) showed that 134 out of 200 websites reviewed were still using non-compliant banners.
These numbers show that non-compliance isn't just limited to small or obscure sites. From global retailers to news platforms, mistakes are still common—and costly.
Let's take a look at the most persistent ones…
Assuming Implied Consent Still Works
Many websites still display banners that state something like, "By continuing to browse, you accept cookies." This approach may have gone unnoticed in the past. Still, it's now clearly non-compliant with laws such as the GDPR and the eprivacy Directive.
Non-essential cookies—such as those used for analytics or advertising—must not load until the user has given clear, informed, and affirmative consent.
One retail site, for example, was found to be running marketing trackers as soon as the homepage loaded—even though the only notice on the screen was a passive "we use cookies" message. That's not consent—it's a risk.
Skipping Geotargeted Consent
A one-size-fits-all banner is no longer good enough. Different jurisdictions have different requirements.
In California, for instance, users must be shown a "Do Not Sell or Share My Personal Information" link, and this link must function regardless of whether the user accepts cookies or not. In the EU, users must be offered granular controls to accept or reject different types of cookies before any tracking occurs.
And in Switzerland, consent must be collected explicitly and must be as easy to withdraw as it is to give.
Yet, many websites still display the same generic banner to every visitor, regardless of their location. That might seem simpler, but it creates serious legal blind spots.
Bad Banner UX and No Clear Way to Opt Out
Consent isn't just about what the banner says—it's about how it's presented. A common issue today is the use of dark patterns, which involve making the "Accept" button bold and brightly colored while hiding the "Reject" option in a smaller font or behind multiple clicks.
Some banners still use pre-selected checkboxes for marketing cookies or don't offer a way to reject cookies at all.
In April 2025, Sweden's data protection authority, IMY, issued formal warnings to several companies for using these exact tactics.
Their investigation found that the banner designs were misleading and pressured users toward acceptance—violating GDPR requirements that consent be freely given, informed, and unambiguous.
Good practices include:
- Giving equal visibility to both "Accept" and "Reject" buttons
- Avoiding default opt-ins
- Providing straightforward access to cookie settings
Is Your Cookie Banner Compliant in 2025?
Now that we've covered what many websites are still getting wrong, the next question is whether your banner actually meets today's expectations. With regulatory standards rising, especially in regions such as the EU, UK, U.S., and Switzerland, banners that merely "look compliant" are no longer sufficient.
Here are the essential elements every Cookie Banner should include in 2025:
Granular Controls for Cookie Categories
Users must be given the option to consent to specific cookie categories—such as analytics, advertising, and functionality—individually. Collapsing these options under a single "accept all" button or hiding choices behind complex menus is no longer acceptable under laws such as the GDPR and CPRA.
No Prior Consent for Non-Essential Cookies
Non-essential cookies (anything beyond what's technically required for the site to function) must not activate until the user has actively opted in. Pre-ticked boxes, passive messages, or banners that allow cookies to load by default are clear violations of this policy.
Records of Consent for Auditability
Maintaining a verifiable record of each user's consent preferences is now a legal requirement in many jurisdictions. These records should include details such as timestamps, categories accepted or declined, and user location, providing an audit trail in case of complaints or investigations.
Consent Management Platforms Can Help Stay Compliant
If you haven't updated your Cookie Consent approach in a while, 2025 is a wake-up call. What used to be acceptable—a simple banner and vague opt-in wording—no longer meets the legal or user expectations that have rapidly evolved over the past year.
Today, consent management is no longer just a formality; it's an integral part of your infrastructure.
That's why many businesses are turning to Consent Management Platforms (CMPs) to handle the complexity. One option worth considering is CookieScript, which offers a wide range of tools to help keep your consent setup both compliant and user-friendly.
In Spring 2025, CookieScript received the fourth consecutive G2 badge as Best CMP, solidifying its position as the top Consent Management Platform for the year.
Privacy Policy That (Nearly) Writes Itself
If your product uses AI or advanced tracking features, transparency is no longer optional. CookieScript's Privacy Policy Generator helps you document what data you collect and how you use it—without starting from scratch.
It ensures your privacy statements are aligned with the latest GDPR and CPRA requirements, particularly regarding automated profiling.
Always-On Cookie & Script Scanning
Add a new analytics tool or marketing integration, and you may also add new cookies—sometimes without realizing it. CookieScripts Cookie Scanner scans the site for new tracking elements.
It updates your consent settings, so users always see up-to-date choices without having to dig through code.
Smart Consent Based on Location
Regulations vary widely depending on where your users are located. What's required in Berlin doesn't match what's needed in San Francisco.
CookieScript adjusts consent messages automatically based on geo-targetted user location, helping you comply with region-specific rules like GDPR in the EU and CPRA in California—without building ten different versions of your banner.
Real User Control
Consent isn't a one-time event. People need to be able to change their minds. CookieScript lets users update or withdraw their consent at any point—whether it's for basic cookies or more sensitive AI-driven tracking. This kind of flexibility isn't just good UX—it's legally required in many regions.
Fits Into What You Already Use
No one wants to rebuild their site to stay compliant. CookieScript integrates with popular platforms like WordPress, Wix, WooCommerce, and Google Tag Manager. Once it's running, you stay in control of when cookies load—based entirely on what your users choose.
Speaks the Right Language
If your visitors come from around the world, language is a crucial consideration. CookieScript automatically detects the browser language and displays the banner in the correct one—no manual setup is needed.
That means no more awkward one-language-fits-all banners on a multilingual site.
Consent That Actually Reflects Consent
Just because a user clicks something doesn't mean consent is valid. CookieScript works with Google Consent Mode v2, ensuring that tags behave according to user input.
If someone says "no," tracking won't fire. If they allow limited functionality, you'll still get valuable insights—just without crossing any lines.
Syncs with Ad Tech Requirements
If your business is involved in digital advertising, you need to sync consent across every partner you work with. CookieScript is fully compatible with the IAB's TCF v2.2 framework, which makes sure everyone in the chain—from your site to your ad partners—uses the same user preferences.
Alerts That Keep You Informed
The laws keep changing. So do third-party tools. CookieScript sends you alerts when it detects a new tracking script or when a regulation update might affect your setup. It's like having a compliance assistant watching your site around the clock.
A Banner That Looks Like It Belongs
The Cookie Banner is often the first thing a user sees—so it should look like part of your product, not a legal disclaimer pasted on top. CookieScript gives you complete design control, from layout and colors to text and positioning. It's compliance that fits your brand.
Final Thoughts on Cookie Consent in 2025
If your cookie banner still runs on assumptions from a few years ago, it’s likely falling short—legally and ethically. Regulators have made their stance clear, and users have become more aware of their privacy than ever.
This isn’t the year for half-measures. Make privacy part of how your product works, not just something tucked into a footer. Drop the vague language.
Fix the dark patterns. Show people what’s being collected, and let them say no—without making them dig for the option.
The websites that win in 2025 will be the ones that respect their users enough to give them control up front.
Frequently Asked Questions
What makes a cookie banner compliant today?
A compliant banner needs to offer granular choices, avoid pre-checked boxes, and provide equal visibility for "Accept" and "Reject" options. Tools like CookieScript help ensure this by letting you customize banner design, behavior, and language to meet legal standards.
Is it still okay to rely on implied consent?
Not anymore. Implied consent—like “By using this site, you agree…”—is no longer valid under most privacy laws. CookieScript ensures no non-essential cookies load until users make a clear, informed choice.
Do I need different banners for different locations?
Yes. Privacy laws vary by region, so showing the same banner to every user could get you in trouble. CookieScript adapts your consent messages based on user location automatically, so you stay compliant globally.
How can I detect if new tracking scripts are added to my site?
New plugins or tools often bring hidden trackers. CookieScript’s cookie scanner runs regular checks and notifies you if new cookies or scripts appear, keeping your consent setup accurate and up to date.
What happens if a user changes their mind about consent?
They should be able to revoke it just as easily as they gave it. CookieScript lets users update or opt-out at any time, without digging through settings.
How do I handle different legal frameworks for ad consent?
You need to pass user consent across your ad partners. CookieScript is compatible with IAB TCF v2.2, ensuring everyone in the ad chain respects the same preferences.