Data privacy and protection is critical for businesses, and their compliance with an ever-evolving regulatory landscape is the invisible hand ensuring that the flow of data continues. For consumers, too, data privacy is a growing concern, but understanding exactly how their data is collected and used is not entirely clear to them.
From a regulatory perspective, companies are responsible for safeguarding and managing data without having complete insight into how the moving parts fit together, and consumers know that their data (and their privacy) is valuable but are not entirely sure how to protect themselves.
Complexity is the name of the game, and regulations are a moving target. Adapting to and adopting compliance measures in a meaningful way means understanding – at the very least – that compliance is more than a checkbox exercise.
Cookie banners: More than a checkbox exercise
One of the most visible demonstrations of data privacy compliance is cookie consent. However, the mere appearance of a generic consent form should not lull anyone into a false sense of security. These cookie consent banners need to be substantive to be compliant. But it’s easy to think that just because some kind of banner appears, data is being managed properly. Unfortunately, this is not always the case.
Not all cookie consent banners are created equally
One of the very first things a visitor to a website sees is a cookie consent banner. But not all such banners are created equally. The basic cookie consent banner, which is likely to be the most obvious interface between users and compliance, may offer the bare minimum opt-in or may be designed to manage specific preferences about what types of cookies the visitor agrees to accept or reject.
Regulations like the General Data Protection Regulation (GDPR) in the EU and the California Consumer Privacy Act (CCPA) enshrine individual data rights in law, but how well users understand this – and how well companies enforce and ensure individual rights and their own compliance – is debatable. Despite the impetus to empower consumers with control over their own personal information, and their individual right to file data subject requests (DSRs) to find out what information a company has collected about them, it is not evident in most user interactions – apart from the cookie banner – how this might be done. It is also unclear that even with the appearance of compliance and consent mechanisms that this is little more than a veneer.
As a recent study from the Electronic Communications Office of Iceland found, most companies include some kind of cookie consent banner on their website but in practice, this may be cosmetic, and user consent is not respected. Whether this is because companies have failed to understand the meaning of informed consent, have not put adequate technology in place to manage consent, or fail for other reasons, the underlying laws governing — and the associated responsibility and potential for penalties – remains.
Consumers may not fully understand the implications of sharing their data, regardless of how companies try to inform them. The value of the “data economy” coupled with the wholesale digitization of services and a growing ecosystem of supporting technologies result in a bewildering amount of data collected and potentially mismanaged. It would be nearly impossible for the average consumer to understand what happens to this data and how it gets used. But this opacity and difficulty forging a path through a dense data jungle only increases consumers’ worry about and willingness to act on data privacy.
Companies have to do their part on behalf of consumers as well, however, helping to guide informed consent. But here, too, companies carry a regulatory burden alongside a need to build and maintain consumer trust in a more challenging and unforgiving data protection environment. Consulting firm PwC found in its 2025 Global Digital Trust Insights Survey that 48% of executives prioritize data protection and data trust as top cyber investments. And while most companies report actively trying to pursue appropriate data protection, robust strategies for data management and governance are not always in place, technology for being able to deliver on data subject requests is not fully implemented, and legal understanding is limited. Mishandling data can lead to financial penalties, reputational damage, and legal action, making compliance a multifaceted requirement.
Unfortunately, the visible aspect of compliance – the cookie banner – becomes a stand-in for deeper data governance issues. Even now, some companies will point to pre-ticked consent boxes on their websites and claim not only that they have sought consent but have “managed GDPR”, for example. But this cookie-cutter approach violates GDPR and similar data privacy mandates and takes a bad faith position on user data protection.
It’s easy to be compliant with CookieHub
Sign up today and create a custom cookie banner for your website
- 30 day free trial
- No credit card required
The ongoing nature of compliance
Best intentions, too, can be thwarted by these generic takes on consent and data management. Many companies take action but fail to realize the long-term demands of compliance. Compliance with data privacy laws, particularly regarding cookie consent, is not a one-time effort but a continuous process. Businesses must remain proactive in monitoring regulatory updates, refining their consent practices, and educating their teams about evolving privacy requirements.
Privacy laws are likely to become more stringent over time, with increasing scrutiny from regulators and consumer advocacy groups. As privacy expectations shift, organizations that prioritize transparent, user-centric data practices will be better positioned to maintain compliance and build trust with their audiences.
Move beyond the checkbox: Successful consent management strategies
Organizations that are ready to move beyond the checkbox can take a number of actions to line up successful consent management strategies. Some of these are organizational, for example, breaking down internal silos and bringing together parts of the organization that rely on data. Develop a cohesive data protection strategy to address evolving regulations, assess your data risks, user privacy and experience, and meeting organizational data needs compliantly. Some are more about technology and process, such as adopting a seamless and flexible consent management platform that integrates with other tools and the organization’s existing tech stack that also makes it easy to comply with DSRs, ensure easy consent withdrawal, and undertake audits, etc.
Data privacy and protection are fundamental in today’s digital landscape, and cookie consent compliance is a key aspect of regulatory adherence. While compliance presents challenges, businesses must embrace it as an ongoing responsibility. By implementing clear consent mechanisms, staying informed about regulatory changes, and adopting best practices, organizations can successfully navigate the complexities of data privacy while fostering user trust.
Are you compliant?
CookieHub automatically scans your website to detect cookies, ensuring all cookies are easily managed.