The Evolution of the Cookie Banner
Cookie banners used to be more than courtesy notices—a small pop-up informing users about the website using cookies. However, as privacy laws have evolved, so have the requirements for consent management. In 2026, a cookie banner is more than just a notification; a consent enforcement mechanism determining whether and when tracking technologies, analytics tools, and marketing scripts are allowed to run.
The introduction of the General Data Protection Regulation (GDPR) the first major shift in how online consent was regulated, setting a global benchmark for data protection. Since then, privacy regulation has expanded rapidly. Businesses now operate in a landscape shaped by multiple overlapping privacy laws, including CCPA and CPRA (California), POPIA (South Africa), Québec’s Law 25, LGPD (Brazil), and China’s PIPL – each with its own expectations around consent, transparency, and enforcement.
So, how do you ensure your website cookie banner is compliant without destroying your ability to collect valuable user data?
Why We Need to Manage Our Website Compliance Like a Global Business
Let’s take the example of a South African e-commerce business that is fully POPIA (Protection of Personal Information Act) compliant. The company believes it’s covered because it follows local laws. However, if a visitor from France lands on the site and non-essential cookies or tracking scripts are activated before consent is given, GDPR obligations may apply – regardless of whether the business actively markets to the EU or not.
Most modern privacy laws now have extraterritorial reach – meaning compliance is assessed based on the website visitor’s location, not just where your business operates. This means that even if your company does not intend to provide services in a particular country, the mere fact that a user from that country interacts with your website could make you subject to that country’s privacy laws.
Here’s a quick breakdown of major global privacy laws that could impact your website:
| Privacy Law | Applies to Non-Local Businesses? | Key Triggers for Applicability | Examples of Website Interactions That Trigger Privacy Law |
| GDPR (EU) | Yes, if processing EU resident data | A visitor from the EU interacts with your site, even if you don’t target EU customers | Product purchase, completing & storing form info, creating an account, tracking behaviour via cookies |
| FADP (Switzerland) | Yes, if processing data of Swiss residents | Processing personal data of Swiss individuals where the processing has an effect in Switzerland | Website analytics, form submissions, account creation, use of third-party tracking tools affecting Swiss users |
| CPRA/CCPA (California, US) | Yes, where CPRA/CCPA applicability thresholds are met | Collection, sharing, or sale of personal data of California residents by businesses meeting CPRA thresholds | Targeted advertising cookies, analytics used for profiling, data sharing with ad platforms, online purchases |
| POPIA (South Africa) | Yes, where processing happens in SA | A South African visitor interacts with your site, and their data is processed | Product purchases, subscribing to a newsletter, website analytics and tracking cookies used to monitor behaviour |
| Law 25 (Québec, Canada) | Yes, if collecting data from Québec residents for commercial purposes | A Québec visitor provides personal information on your site | Creating an account, form submission, applying for a service, subscribing to email updates, use of tracking technologies requiring express consent |
| PIPEDA (Canada – Federal) | Yes, if processing data of Canadian residents in commercial activities | A Canadian visitor submits personal data on your website | Product purchase, submitting payment details, filling out a feedback form, use of analytics tools where personal data is involved |
| PDPA (Singapore) | Yes, if processing data of Singaporean residents | A Singaporean visitor interacts with your website, and their data is collected | Completing a checkout process, signing up for an account, chatbot interactions, use of cookies or analytics that collect identifiable user data |
| LGPD (Brazil) | Yes, if collecting Brazilian resident data | A Brazilian visitor submits personal data on your site, even if they don’t buy | Requesting a quote, submitting a complaint, downloading a whitepaper, tracking user behaviour via cookies or analytics tools |
| PIPL (China) | Yes, if processing Chinese resident data | A Chinese visitor interacts with your website, even if you don’t market to China | Registering an account, collecting customer insights via analytics, online transactions, where overseas processing of Chinese personal data occurs |
For businesses like our South African e-commerce example, compliance isn’t just about where your business is registered—it’s about how your website behaves when visitors arrive from different regions. Tracking technologies, analytics tools, and marketing scripts often trigger compliance obligations long before a user completes a form or makes a purchase.
What are the Core Legal & Technical Requirements for Cookie Management?
If your business collects, stores, or processes personal data from EEA (European Economic Area), Swiss, UK, or other regulated regions, here’s what you need to
Legal & Technical Setup
- Determine if GDPR or similar privacy regulations apply based on how your website collects or processes data from visitors in regulated regions.
- Update your Privacy Policy & Cookie Policy to reflect GDPR guidelines.
- Ensure you have an appropriate lawful basis for each type of data processing (explicit consent, contract, legal obligation, legitimate interest).
- Implement a GDPR-compliant Cookie Banner consent mechanism that aligns with GDPR, POPIA, and other applicable privacy frameworks (more on this later).
Cookie Tracking & Consent Management
- Use a Google CMP-compliant Consent Management Platform (CMP) that supports Google Consent Mode v2.
- Allow users to change or withdraw their consent at any time, not just on their first visit.
- Ensure non-essential cookies and tracking scripts do not load until a user has explicitly given consent.
- Enable granular consent (Essential, Functional, Performance, Marketing cookies).
- Log proof of consent in case of regulatory audits.
User Rights & Data Handling
- Provide a method for users to request data access, deletion, or modification.
- Set up data retention policies (don’t store unnecessary data).
- Secure personal data (including data collected via cookies or analytics tools) with encryption and limited access.
Some privacy frameworks, like Brazil’s LGPD and California’s CPRA, place greater emphasis on opt-out mechanisms for certain types of data use, particularly in advertising contexts — reinforcing the need for flexible consent and preference management tools.
Should You Apply GDPR Globally?
As digital privacy regulations evolve, businesses face increasing pressure to comply with international laws while maintaining effective data collection strategies. One of the biggest challenges comes from cookie consent banners, which are required under laws like GDPR (Europe), CCPA (California), and LGPD (Brazil).
Many businesses default to applying GDPR-level restrictions worldwide, assuming this is the safest option. This approach reduces legal uncertainty but often introduces operational and marketing trade-offs.
Does Applying GDPR Globally Cover Other Privacy Laws?
Applying GDPR globally provides a strong baseline for compliance, but it does not automatically cover all other privacy laws. While GDPR is one of the strictest data protection laws, different regulations have unique requirements that GDPR alone may not fulfil.
What GDPR Covers That Helps With Other Privacy Laws
- Explicit Consent Requirement (aligns well with many modern privacy frameworks like LGPD, Law 25, and certain aspects of PIPL).
- Right to Access, Rectify, and Delete Data (meets CCPA, POPIA, PIPEDA).
- Security & Data Protection Standards (suitable for all major privacy laws).
- Transparency in Data Processing (helps with CCPA, PIPEDA, LGPD, Law 25).
Where GDPR Falls Short of Other Laws
- CCPA (California, US) requires an opt-out option rather than an opt-in model for selling personal data.
- POPIA (South Africa) requires businesses to register Information Officers and mandates specific data breach reporting timelines.
- PIPL (China) requires data localisation for sensitive personal data.
If you want a one-size-fits-most approach specifically for cookie consent and user rights, applying GDPR globally is a strong strategy because it covers the most stringent requirements.
However, if you operate in California, South Africa, Brazil, or China, you may need additional compliance measures beyond GDPR.
Detrimental Impact on Ad Performance and Marketing Efficiency
However, this approach can significantly reduce the volume and quality of analytics and advertising data available in regions where such restrictions may not be legally required.
A more effective strategy involves geo-targeting cookie banners, ensuring compliance where necessary while maximising data collection in unrestricted regions.
A better approach could be geo-targeted compliance, where:
- GDPR applies in the EU, UK, and Switzerland
- CCPA rules apply to California visitors
- POPIA rules apply to South African visitors
- PIPL rules apply to Chinese visitors
This balances compliance with data retention needs and prevents over-restricting non-GDPR regions, which could harm marketing and analytics efforts.
Geo-Targeting Approaches for Cookie Banners
Option 1: Non-Geo-Targeted Cookie Banners
How It Works
A non-geo-targeted cookie banner applies GDPR-level tracking restrictions globally, regardless of where a visitor is located. All users, whether in Europe, the US, or other regions, must explicitly opt into tracking before cookies can be activated.
Why It’s a Problem
- Blocks data collection unnecessarily in regions where GDPR rules do not apply, such as the US, Australia, and many parts of Asia.
- Harms digital marketing performance, including Google Ads, Facebook Ads, and LinkedIn retargeting, by limiting the ability to track and target users.
- Reduces the effectiveness of conversion tracking, making it harder to measure ad performance and optimise campaigns.
- Increases website abandonment rates, as users often reject tracking when presented with complex consent options that may not be legally required in their region.
Who Should Use This?
- Businesses that only operate within GDPR regions (European Economic Area, UK, and Switzerland).
- Organisations that prioritise legal compliance over marketing performance and do not rely heavily on tracking-based advertising.
- Government or non-profit websites that do not use extensive behavioural tracking or personalised marketing.
Option 2: Geo-Targeted Cookie Banners
How It Works
A geo-targeted cookie banner applies GDPR-compliant consent mechanisms only where required while allowing standard tracking practices in regions where explicit consent is not legally mandated.
For example:
- Users in GDPR-regulated areas (EEA, UK, and Switzerland) receive a fully compliant cookie banner, ensuring that tracking occurs only after explicit consent.
- Users outside GDPR regions (such as the US, Canada, and Australia) receive a standard cookie consent banner, allowing immediate data collection without unnecessary restrictions.
Geo-targeted implementations must be properly configured and regularly reviewed, as incorrect geolocation or misapplied rules can introduce compliance risks.
Why It’s the Smarter Choice
- Maximises data collection in regions with more flexible consent requirements, ensuring businesses can track user behaviour and optimise marketing strategies effectively.
- Improves advertising efficiency, allowing Google Ads, Meta Ads, and LinkedIn campaigns to function correctly in non-GDPR regions.
- Reduces unnecessary friction in user experience, ensuring that website visitors in non-regulated areas are not overwhelmed with excessive privacy prompts.
- Balances compliance with business needs, ensuring full legal adherence where required without sacrificing global marketing insights.
Who Should Use This?
- Businesses that operate in multiple regions, including both GDPR and non-GDPR territories.
- E-commerce brands, digital advertisers, and SaaS platforms that rely on data-driven marketing strategies.
- Publishers and media platforms that monetise content through advertising and require efficient tracking mechanisms.
- Organisations use Google Ads, Facebook Pixel, LinkedIn Insights, or other tracking-based advertising tools to increase customer acquisition and conversions.
Cookie Consent Requirements by Country (2026 Overview)
While consent requirements continue to evolve, and enforcement practices may differ by authority, this table reflects general consent expectations for 2026.
| Consent Model | Country / Region | Cookie Consent Requirement |
| Opt-in | European Union (EEA) | Must obtain explicit, informed consent before setting non-essential cookies (GDPR + ePrivacy). |
| Opt-in | United Kingdom | Prior consent required for non-essential cookies, except those strictly necessary (UK GDPR + PECR). |
| Opt-in | Switzerland | FDPIC guidance expects consent for tracking/profiling cookies; ensure transparency and ability to refuse (revDSG/FADP + FDPIC guidance). |
| Opt-in | Brazil | Obtain consent for non-essential/marketing tracking cookies. LGPD also allows other legal bases depending on context. |
| Opt-in | South Africa | Applies where cookies process personal information; consent is commonly required/used for non-essential tracking (especially marketing); essential cookies are typically exempt. (POPIA). |
| Opt-in | Québec (Canada) | Consent must be obtained before setting identifying cookies (Law 25). |
| Opt-in / Implied | Canada (Federal) | Express or implied consent depending on sensitivity and expectations (PIPEDA). |
| Opt-in/Contextual | Singapore | PDPA doesn’t prescribe cookie banners specifically; consent (including deemed consent in some contexts) is required where cookies collect/link to personal data. |
| Opt-in | China | Explicit consent required for cookie-based tracking (PIPL). |
| Opt-in | Saudi Arabia | PDPL requires a lawful basis, some processing is permitted without consent under specified bases/exceptions—apply consent for tracking where appropriate. |
| Opt-in | Argentina | Prior consent required for data collection via cookies (PDPL). |
| Opt-in | Andorra | Explicit consent needed before using tracking cookies (LQPD). |
| Opt-in | Faroe Islands | GDPR-aligned rules require opt-in consent for cookies. |
| Opt-in (Planned) | India | DPDP Act rules apply, consent for cookies depends on whether it’s personal data + purpose. |
| Opt-out | California (USA) | Must allow users to opt out of the sale or sharing of personal data (including many advertising cookies); opt-in consent is not the default (CCPA/CPRA). |
| Opt-out | Other US States | Users must be able to opt out of targeted advertising and tracking; no required opt-in. |
| None | United States (Federal) | No national cookie law; depends on individual state laws. |
| None/Contextual | Australia | No specific cookie law yet; general privacy applies where cookies collect personal data, reform is in progress. |
| None/Contextual | New Zealand | No law requiring cookie consent banners, privacy law applies where cookies involve personal information. |
| Opt-in | United Arab Emirates | Personal data processing generally requires consent; tracking cookies typically rely on consent under PDPL. |
| None/Notice-based | Japan | Cookies not directly regulated under APPI, disclosure is required when cookies transmit user data to third parties. |
| None/Contextual | South Korea | No specific cookie law, consent applies if cookies are linked to identifiable personal data. |
| Contextual | Mexico | No cookie-specific law, consent and privacy notice required where cookies process personal data. |
| None/Contextual | Indonesia | No cookie-specific law; consent and privacy notice apply where cookies process personal data (PDP Law). |
| Opt-in/Contextual | Thailand | PDPA lacks clear cookie banner rules, consent required where cookies collect personal data. |
| Opt-in/Contextual | Russia | Cookie tracking not explicitly addressed under current law, consent required where cookies process personal data under Federal Law No. 152-FZ. |
Understanding Google Consent Mode v2 and Why It Matters
In parallel to your geo-location cookie banner implementation options above, you must consider the changes in the Adtech world. More specifically, how Google manages compliance with GDPR and how other ad networks use its consent signals to filter that consent data to their ad networks.
As global privacy regulations tighten, businesses that rely on digital marketing, analytics, and advertising must comply with laws like GDPR (General Data Protection Regulation) while maintaining effective data tracking. Google has further complicated the compliance landscape by introducing consent signals passed via Google Consent Mode v2 requirements for businesses using Google Ads in GDPR-covered regions (EEA, UK, and Switzerland).
This means that if you use Google Ads, Google Display Network, or other advertising products, you require valid user consent signals before certain tags can operate in a personalised or measurement capacity.
Key Aspects of Google CMP Compliance
Google Consent Mode v2 Integration
The consent tool must connect to Google’s Consent Mode v2 signals, ensuring that Google receives real-time user consent data. Without this integration, Google will block personalised ads, significantly reducing the effectiveness of Google Ads campaigns.
Region-Specific Compliance
The CMP must differentiate between users in GDPR regions, where consent is required, and users in non-GDP areas, where tracking may be more flexible. Non-compliant setups often apply GDPR restrictions globally, unnecessarily limiting data collection in regions without regulation.
Support for Google Ad Partner Networks
Google’s ecosystem comprises thousands of advertising partners that rely on accurate consent signals to deliver targeted ads. A proper CMP ensures that consent settings are shared with Google, its ad partners, and affiliated networks, maintaining ad performance.
Granular Consent Control
Users must be able to allow or block cookies based on category (e.g., Strictly Necessary, Performance, Functional, and Marketing cookies). The CMP must record this data and update Google accordingly.
Audit-Proof Consent Storage
Businesses must keep records of user consent to demonstrate compliance in case of audits by regulators or ad partners. Google CMP-approved tools securely store these logs and ensure they are easily accessible if needed.
Without a Google CMP-approved tool, businesses risk:
- Loss of advertising efficiency, as Google Ads will no longer serve personalised ads to European users.
- Non-compliance with GDPR, leading to potential fines and legal issues.
- Reduced data collection, affecting website analytics and marketing effectiveness.
Essential Features of a Google CMP-Compatible Consent Tool
Geo-Targeting Capabilities
A proper CMP must be able to differentiate between users in GDPR-regulated areas and other regions. This allows businesses to apply strict consent mechanisms where necessary while maintaining regular tracking outside GDPR zones. Geo-targeting prevents unnecessary restrictions that could negatively impact marketing performance in non-regulated regions.
Google CMP v2 Integration
The consent tool must integrate with Google Consent Mode v2 implementation to ensure Google receives user consent data in real time. The CMP must support Google Consent Mode v2, allowing data collection preferences to be adjusted dynamically based on user selections.
Granular Consent Options
Users should be able to allow or block cookies by category rather than just accepting or rejecting all tracking. The CMP should provide transparent descriptions of what each category does, enabling informed user decisions.
Proof of Consent Storage
The tool must log consent choices securely and store them for future reference. This protects businesses in case of audits by regulators, advertising partners, or data protection authorities.
The South African E-Commerce Business: A Case for Geo-Targeted Cookie Compliance and Google CMP Integration
Let’s jump back into our South African website business example to illustrate the impact of geo-targeted cookie compliance and Google Consent Mode v2 integration.
Let’s consider a South African e-commerce business that primarily sells products to local customers but also receives international website traffic.
Initial Compliance Efforts and Unexpected GDPR Exposure
The business operates under South Africa’s Protection of Personal Information Act (POPIA) and initially assumes GDPR does not apply since it doesn’t market to Europeans. However, as visitors from France, Germany, and the UK begin submitting enquiries, GDPR compliance obligations arise. The business must now decide whether to apply GDPR globally or adopt a geo-targeted approach for EU visitors only.
The Geo-Targeting Decision: Maximising Compliance Without Losing Data Applying GDPR globally would unnecessarily restrict South African customers, harming personalisation and marketing performance. Instead, they implement a geo-targeted cookie consent solution, which:
- Applies GDPR-compliant consent banners only to EU, UK, and Swiss visitors.
- Keeps standard tracking for South African users to optimise marketing campaigns.
- Maintains ad performance for Google Ads without unnecessary GDPR limitations. This approach preserves compliance while supporting a strong marketing strategy.
Google Consent Mode v2 Compliance
The Next Challenge After implementing geo-targeted consent, the business faces new challenges with Consent Mode v2 compliance. Personalised ads stop serving in the EU due to missing consent integration. Realising that CMP compliance is vital for Google Ads, they:
- Switch to a Google-approved CMP that integrates with Google’s Consent Mode v2.
- Enable real-time consent tracking, ensuring data is collected only when users opt in.
- Sync consent preferences with Google’s Ad Partner Network to optimise ad performance.
The Outcome
Compliance + Marketing Efficiency
With geo-targeted consent and Google Consent Mode v2 integration, the business achieves:
- GDPR compliance for EU visitors without restricting tracking elsewhere.
- POPIA compliance for South African users.
- Full Google Ads functionality, maintaining personalised ads across all markets.
- Optimised marketing and analytics, improving retargeting and conversion tracking.
- Balancing regulatory requirements with marketing performance makes the business competitive and compliant in a changing privacy landscape.
How to Implement a Geo-Targeted Cookie Consent Strategy
To effectively manage geo-targeted cookie banners, businesses should:
- Use a Consent Management Platform (CMP) with geo-targeting capabilities, such as CookieYes Cookie Banners.
- Configure region-based rules to apply strict GDPR settings only in required locations while maintaining standard tracking elsewhere.
- Ensure Google Consent Mode v2 compliance to continue running personalised ads within the Google ecosystem and that you are working with a cookie banner technology that is Google Compliant.
- Log user consent preferences and store them securely in case of regulatory audits.
- Regularly update privacy policies and cookie settings to align with changing data protection laws.
Final Thoughts: Finding the Right Balance
Choosing between non-geo-targeted and geo-targeted cookie banners is critical to compliance and marketing performance. While global GDPR applications may seem the safest option, they often come at the cost of data collection and advertising efficiency.
A geo-targeted approach ensures businesses remain compliant where necessary while still collecting the data needed for effective marketing and analytics. By implementing region-specific cookie consent mechanisms, companies can strategically navigate privacy regulations—ensuring legal protection and business growth.
