What are dark patterns in cookie consent banners?

Dark patterns are design techniques that are used to trick or influence website users into accepting cookies or making choices they wouldn’t typically make. Examples of dark patterns in consent banners include hiding the ‘Reject’ option or making it difficult to find, and influencing user decision through the use of wording, formatting and colours.

How do I avoid dark patterns in my cookie consent banner?

To avoid dark patterns in cookie consent banners, follow our DOs and DONTs checklist here. In summary, you want to make sure your consent banner is clear, easy to use and allows website users to make active, informed and granular decisions about cookies.

What are the risks of using dark patterns in cookie banners?

Using dark patterns in consent banners can lead to warnings and fines from national DPAs (Data Protection Authorities) such as the ICO in the UK. As well as financial implications, using dark patterns can also risk losing the trust of your website users, and facing damage to your reputation if you publicly receive a fine.

What should a compliant cookie consent banner look like?

A compliant cookie consent banner should clearly inform users of what cookies are being used and who owns those cookies. It should allow users to easily select which types of cookies they want to Accept (if any), and just as easily Reject cookies, or change their consent status at any time they choose.

Can I pre-tick boxes for cookie consent?

It is not compliant to pre-tick boxes for cookie consent, or to auto-set cookie consent toggles to be ‘ON’. It is important that users actively opt-in to accept any cookies, as passively collected consent is not valid.