How to Avoid Hidden Dangers and Ensure True Data Protection
Cookie banners have become standard on almost every website. They are meant to give users control over their data and ensure GDPR compliance. Yet what many people do not realize is that numerous of these consent tools are provided by third parties—and they may inadvertently undermine the very privacy they claim to protect.
Why “Cookie Banner” Is the Wrong Term
When people talk about “cookie banners” these days, they are usually referring to what is actually called a consent banner. The term “cookie banner” falls short and often causes confusion. That’s because the consent requirement under the GDPR and the ePrivacy Directive applies not just to cookies, but to any form of personal data processing by third parties.
This means that even if no cookies are set when a website is loaded, consent may still be required—for instance, when external services like Google Fonts, YouTube, social media buttons, or maps from third-party servers are embedded. Simply by making an external request, user data such as IP addresses, browser information, or device identifiers may be transmitted to the third party—entirely without cookies, yet still relevant for privacy considerations.
A consent banner therefore must not only inform about cookies, but also about all types of external data transfers. It may only load corresponding scripts after explicit user consent. Anything else goes against the very principles of the GDPR.
When the Cookie Banner Itself Becomes a Data Source
Many external solutions, such as OneTrust, Cookiebot, TrustArc, or Usercentrics, load JavaScript files from remote servers. These files can capture IP addresses, set cookies, or even activate tracking scripts before the user has given consent. This creates a paradox: a tool intended to manage consent is processing personal data before consent is actually granted.
Using such solutions can be problematic not only from a technical standpoint, but also legally—particularly if data is transferred to countries outside the EU or if the provider is not fully transparent about its practices.
Common Issues with External Consent Tools
- Processing of personal data (e.g., IP addresses) before consent is obtained
- Embedding external content via CDNs, often located in the United States
- Lack of complete control over the scripts being delivered
- Unclear data flows and potentially problematic provider terms
- Contradiction of “Privacy by Design” and “Privacy by Default” principles
The Solution: Local Implementation with Full Control
The good news is that creating your own consent banner—one that runs locally on your own server, with no external dependencies and loads scripts only after genuine user consent—is quite straightforward.
With just a few lines of HTML, CSS, and JavaScript, you can build a fully compliant mechanism. For example, scripts for Google Analytics or other third-party services can remain blocked until the user explicitly opts in—ensuring nothing is loaded beforehand.
Advantages of a Self-Hosted Solution
- No external dependencies or data transfers
- Full control over the banner’s functionality and design
- Much clearer tracking and documentation
- Technically lightweight, leading to faster load times
- Legally easier to ensure compliance
Even If It Were Legal—Is It Automatically the Right Choice?
Although external consent-banner providers claim to be GDPR-compliant, one fundamental question remains:
If your company publicly touts security, data protection, or even a zero-trust philosophy—why rely on a third-party service for the sensitive task of consent management?
Why hand over the initial privacy-critical interaction with your customers to an external system instead of implementing your own solution, one you have full control over?
Privacy doesn’t start with the marketing promises on your homepage; it starts with the technical decisions made behind the scenes. Developing your own locally hosted consent banner proves that you take your responsibilities seriously, rather than merely checking off GDPR requirements.
No Tracking, No Cookie Banner Needed
What many people fail to realize is that if your website does not use any external scripts that process personal data—meaning no trackers, analytics tools, or embedded videos—then, according to the GDPR and the ePrivacy Directive, you generally do not need a cookie banner. Simple functional cookies that do not create user profiles or pass data to third parties can be set without consent.
Nonetheless, many site operators still adopt complex banners even when no consent is actually required from a technical standpoint. This not only confuses visitors but also unnecessarily increases loading times and maintenance efforts. By forgoing external services, you can and may skip a banner—contributing to better usability and greater transparency in data protection.
Note on Legal Classification
This article does not constitute legal advice. The content has been researched with the utmost care and is based on publicly available information as well as technical expertise. I am not a lawyer and assume no liability for the accuracy, completeness, or timeliness of the information provided. For a legally sound assessment, please consult qualified legal counsel.
Conclusion
Anyone who takes data protection seriously should carefully scrutinize their choice of consent tool. Third-party cookie banners may seem convenient, yet they pose significant risks. A locally operated, lightweight, and transparent solution is not only more privacy-friendly but also more robust from both a technical and legal perspective. Additionally, cutting out external scripts can improve your website’s loading and rendering times.
The effort is minimal—but the benefits in terms of security, trust, and clarity are substantial.