Hi all.
How does the saying go? “The road to hell is paved with good intentions.” The European Commission’s attempt to curb intrusive advertising with its cookie legislation is the perfect example, yet years have passed, and we have done nothing to fix the problem. So buckle in because this will be one hell of a rant.
Control over intrusive advertising matters
Don’t get me wrong, I believe passionately that users should have the option to opt out of being tracked. There are many situations where somebody might need to have control over the ads that are displayed. Gambling addicts may be targeted with betting offers based on their browsing history, people may be targeted with distressing baby adverts shortly after miscarriage, and someone exploring their sexuality may be presented with ads that disclose their sexual orientation.
We Are Solving the Problem the Wrong Way
However, this should have been addressed at the browser level, not on individual websites. This misstep has been devastating to the experience of using the web (especially on mobile) and has done very little to curb intrusive advertising (which now relies on fingerprinting).
Although there is some noise (in the UK, at least) that the law needs to be changed, it is unlikely that cookie notices will go away anytime soon. So, in this email, I want to look at how we can mitigate their damage.
Let’s start by considering the possibility of not showing a cookie notification banner.
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Remove Your Cookie Notices Outside the EU
The best way of addressing the annoyance of cookie notices is to remove them. There are, in fact, many websites that show cookie notifications that are not required. Websites that do not offer services within the European Union do not need to comply with EU law.
Even if you operate within the European Union, that doesn’t mean all your users must endure cookie notices. You can use geolocation to ensure that the cookie notifications are only shown in regions that require them.
Of course, you could argue that geolocation is not always accurate and that it is possible EU citizens might not be shown the cookie notification. But would that really be such a bad thing? Should everybody suffer because of the occasional error in targeting?
Unless You Show Ads, Consider No Notices
We have already established that cookie notices do nothing to stop intrusive advertising, so displaying a cookie notification doesn’t benefit users. The only reason to display it is to comply with the letter of the law. Perhaps it is time for some civil disobedience!
It is essential to remember why that law was created in the first place. Unless your website gathers user data or uses targeted adverts, regulators aren’t particularly interested in you. They are primarily after the ad networks.
Also, you are not going to be fined overnight. Why not wait until you get a warning and only then comply with the requirement for these pointless notices? Only now is the UK government beginning to crack down on big retailers not displaying cookie notifications and still giving them 30 days to comply.
Remove Cookie-Based Analytics Instead
Unless you run a high-profile site or one that relies heavily on advertising, I wouldn’t even consider adding cookie notices. It just doesn’t make business sense. The risk to your business is much lower than the negative impact of cookie notifications.
I don’t have a cookie notification banner on my site. Sure, I have a page that explains my privacy policy and use of cookies for those interested. But I don’t force people to agree to something whenever they visit my website. I am willing to take the risk that the regulator demands I do so rather than compromising my users’ experience. If regulators did demand I comply, I am more likely to remove any analytics tracking before I add a cookie banner.
In fact, even with my high-profile clients who feel obliged to comply with this maddeningly pointless law, I recommend they remove cookie-based analytics rather than resort to cookie notifications. That is how damaging I think these banners are to the experience.
But let’s put that all aside and say you have no choice but to use cookie notices. How can we make them less disruptive to the user experience?
Making Cookie Notices as Painless as Possible
The Nielsen Norman Group recently published some observations from usability testing around cookie notifications that gave some sensible advice.
Much of the article should hopefully be self-evident, such as not attempting to trick people into approving all cookies and using plain language when describing cookie use.
However, two suggestions maybe aren’t as obvious, at least not based on how often I see them online.
Keep Cookie Notices Small
The first is to keep the notification size as small as possible without compromising usability. This is particularly important on mobile devices where a cookie overlay can obscure most content.
If you display a cookie notification, I would advise using a tethered banner rather than an overlay, as these typically cover less of the page content.
Make Sure You Offer Straightforward Options
The other advice would be to keep the options as straightforward as possible. I often encounter cookie notices with a long list of cookies that people can toggle on and off. Most users do not want this granular level of control, which only overwhelms them.
Instead, a simple binary choice is enough. Either accept all cookies or essential cookies only. You can always add a “more options” link for those who want to understand these options in more detail or offer more granular control.
Cookie Notices Should be a Priority
The importance of cookie notifications cannot be overstated. They are the first thing users encounter when visiting your websites, yet often, they receive little or no attention from UX teams. I first wrote about this mess in 2019, and little has improved. All too often, cookie notices are some off-the-shelf function implemented by developers. This absolutely has to change, and I would encourage you to look at how they can be removed or improved as soon as possible.
