The Real Reason Cookie Consent Banners Exist: GDPR, Tracking, and Web Regulations Explained

Last updated: 2026/02/07

Cookie consent banners appear on almost every website today.
Many beginners hear, “It’s because of GDPR,” but the real reason is deeper:
a mix of web technology, privacy regulations, and modern tracking limits.

This article explains, in an intermediate and developer-friendly way,
why cookie consent is required and what technical changes created this situation.

1. The Critical Difference: First-Party vs Third-Party Cookies

The cookie debate is not about cookies themselves, but
who creates them and what they’re used for.

① First-Party Cookies

• Created by the website you are currently viewing
• Used for login sessions, language settings, shopping carts, etc.
• GDPR considers them “essential” → consent not required

② Third-Party Cookies

• Created by external services (ads, analytics, tracking scripts)
• Can follow users across multiple websites
• GDPR requires explicit consent

Cookie banners exist mainly because of third-party cookies.

2. GDPR Requires “Transparency and Choice”

Under GDPR (2018), websites must:

• Explain why data is collected
• Allow users to accept or reject tracking cookies
• Gain explicit consent before using non-essential cookies

Because websites serve users globally, GDPR rules effectively became worldwide standards.

3. The ePrivacy Directive (“Cookie Law”) Adds More Rules

Alongside GDPR, the ePrivacy Directive regulates cookie usage itself:

• Storing cookies requires user consent (except essential ones)
• Consent must be informed and freely given

This is the legal foundation of the modern “cookie consent banner.”

4. Tracking Technology Became Too Powerful

Tracking evolved rapidly around 2010–2020:

• Retargeting ads
• Cross-site behavior tracking
• Mass data collection by ad networks

Users were being tracked without knowing.
Regulations tightened because tracking became too effective.

5. Safari’s ITP (Intelligent Tracking Prevention)

Apple pushed the industry toward privacy by introducing ITP:

• Blocks most third-party cookies
• Limits tracking scripts
• Shortens the lifespan of certain first-party cookies

Safari essentially forced the web into a “consent-required” world by restricting unapproved tracking.

6. Chrome’s SameSite Changes and Security Requirements

Chrome also changed cookie behavior at the browser level:

• SameSite=Lax became the default
• SameSite=None requires Secure and HTTPS
• Third-party cookies must be explicitly declared

This made silent tracking via cookies far more difficult.

7. In Summary: Consent Banners Are the Result of Tech × Law × Privacy

Cookie banners exist today because:

• Third-party tracking became highly invasive
• GDPR requires transparency and user choice
• ePrivacy regulates cookie storage itself
• Safari ITP blocks trackers aggressively
• Chrome’s SameSite changes restrict cross-site cookies

In other words:
laws reacted to abuse, and browsers reinforced the rules.

What’s Next?

Major browsers are phasing out third-party cookies entirely.
Cookie banners may decrease over the next few years, replaced by:

• Privacy-preserving APIs (like Topics API)
• First-party data models
• Server-side tracking alternatives

Right now, cookie consent banners represent the transition period between old tracking methods and the privacy-first web.