From the tracker notices and consent prompts examples found here on Tracker Wall, some common themes emerge. Here are some:
- Terrible UX, especially on mobile as a rule of thumb. This is easy to spot and almost a given
- Very common to find other prompts/notices interfering with the cookie notice, for example an app download banner. Sometimes these hide (partially) the cookie notice which raises questions about the validity of the notice and any consent given despite the interference.
- The phrasing of the notifies is all over the place. Rarely is it clear. Some take a joking tone. Some use phrases such as “like other sites, we…” (implying what, exactly?), some are very thorough in enumerating the trackers and their uses but mostly not.
- Compounding point (3), what sites define as “strictly necessary” is equally all over the place. Some include profiling cookies and even cookie sync services as strictly necessary. This is usually coupled with legal bases under the GDPR. Many sites use legitimate interest for all tracking, yet do not reference to an impact assessment or balancing test.