What happens if you don't have a cookie banner?

Not having a cookie banner is not automatically a violation. The risk starts when a website uses technologies that require consent but activates them without giving users a valid choice.

Possible consequences include:

• Consent-dependent trackers running before cookie consent is obtained.

• Users being unable to reject or later change their choices through a preference center.

• Regulatory complaints, corrective orders, or fines where the underlying tracking breaches applicable rules.

The ICO confirms that non-exempt storage and access technologies must wait for valid consent, regardless of whether the interface is a banner, pop-up, or another mechanism. ICO guidance on managing consent