Do I need a cookie banner? Get a clear answer.

Do I need a cookie banner? The short answer

You need a cookie banner (strictly speaking, a consent banner) if your website stores or reads anything on a visitor’s device that isn’t strictly necessary for the service they asked for. That covers analytics, ad pixels, most embedded videos and maps, and many chat widgets.

Only using what’s strictly necessary, like a shopping basket, a login session or remembering the visitor’s own cookie choice? Then you don’t need to ask for consent.

How to check your website

1. List what runs on your site: analytics, ad pixels, embedded videos or maps, a chat widget, a login or basket.
2. Tick each one in the checker above.
3. Read the answer: yes or no, and which categories to offer: statistics, marketing, preferences.
4. Read why each tick needs consent, and check your banner against the rules underneath.

Where the cookie rules come from

The rule is in the EU ePrivacy Directive, article 5(3). Denmark implements it in the cookie order (cookiebekendtgørelsen), supervised by the Danish Agency for Digitisation (Digitaliseringsstyrelsen). When cookies carry personal data, such as an IP address or a device ID, GDPR applies on top, and Datatilsynet sets the bar for what valid consent looks like. The two authorities published joint guidance on cookies in May 2025.

The rules cover storing and reading information on the device, not just cookies. Local storage, tracking pixels and fingerprinting count too.

Cookie banner requirements: what a lawful banner must do

A banner that says “by using this site you accept cookies” while the analytics is already running doesn’t meet the rules. A lawful one must:

• block non-essential scripts until the visitor says yes, not just hide them behind a notice
• make declining as easy as accepting
• use no pre-ticked boxes
• tell visitors what each category is for and who receives the data
• let visitors change their mind later

Analytics is not exempt in Denmark

Some countries allow a narrow exemption for privacy-friendly audience measurement. Danish guidance doesn’t rely on it: statistics cookies, Google Analytics included, need consent. Want to measure without a banner? Use cookieless analytics that stores nothing on the device and doesn’t identify visitors.

Common cookie banner mistakes

• Loading Google Analytics or the Meta Pixel before the visitor answers.
• An “Accept” button with no “Decline” next to it, only “Settings”.
• Forgetting embeds: a YouTube video or Google Map sets cookies too.
• No way back: visitors can’t find where to change their choice.