Is It Illegal to Not Have a Cookie Banner?

A website is not automatically breaking the law because it has no cookie banner. The legal requirement is to provide the necessary information and obtain permission where the applicable rules require it.

In the EU, national laws implementing Article 5(3) of the ePrivacy Directive regulate storing or accessing information on visitors’ devices. A banner is a common way to meet these obligations, but another valid consent mechanism can also work.

If your website uses only exempt technologies, a consent banner may be unnecessary. If it activates advertising trackers without required permission, it can breach the rules—even if a banner is displayed.