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Why is it so hard to reject cookies?
Some consent interfaces give “Accept all” a prominent button while muting or hiding refusal. Others put refusal behind extra screens, start with intrusive options selected, or use controls whose behavior does not match their labels. The result is friction in one direction: accepting takes a quick click, while refusing requires more attention and effort.
That is the central design failure—not simply that a banner has several choices. A visitor should be able to understand what is being requested, find a usable way to refuse optional uses, and trust that the control they choose does what it says.
What makes a cookie banner bad?
Acceptance is visually stronger than refusal
A large, high-contrast “Accept all” button beside tiny, pale refusal text creates a false hierarchy. The Canadian Office of the Privacy Commissioner (OPC) summarized the principle in its 2024 deceptive-design sweep report: “Websites and apps should be designed to ensure that privacy-protective choices related to privacy are, at least, equally visible; no one should have to squint to find out how to protect their personal information.”
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Refusal takes extra steps
A banner that puts acceptance on the first screen but requires opening “More information” or navigating multiple menus to refuse adds avoidable friction. A 2020 academic analysis of cookie-banner practices described patterns such as a large “OK” button beside a small “Configure” control, or acceptance presented as a button while refusal is plain text.
The default does the choosing
When optional or privacy-intrusive purposes are preselected, a visitor who clicks through without changing them—or does not notice the setting—may end up with a choice they did not intend. The OPC’s 2024 report recommends considering privacy-protective defaults or requiring an active choice where opt-out consent is permitted.
Labels and behavior do not match
“Options” should open options; “Confirm My Choices” should save choices the visitor could actually make. If a control merely dismisses the interface or leads to a page with no choices, the visitor cannot rely on its wording. Researchers in the 2022 study “Okay, whatever” recorded both kinds of mismatch in interfaces they examined.
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Purpose language is vague or pressuring
Words such as “personalized” or “better experience” can obscure what data is used and for what purpose. In a 2022 analysis of sampled U.S. e-commerce notices, Danyang Li reported that notices often framed data use in terms of a “better” or “personalized” experience. That is a finding about the notices studied, not a claim about every banner. Emotional or guilt-inducing language can also make refusal feel socially undesirable; the Federal Trade Commission (FTC) includes cookie-consent banners among the contexts in which it has found dark patterns.
Documented examples of difficult or misleading choices
These examples show specific interface problems described in published reports and studies. They should not be read as claims about the companies’ current websites.
| Documented example | What the source described | Why it is a problem |
|---|---|---|
| Prada cookie notice | The OPC’s 2024 sweep report described large “COOKIE SETTING” and “ACCEPT ALL” boxes, while “continue without accepting” appeared in a less obvious area in light gray against white. | A refusal route existed, but its weaker visibility made it easier to miss than acceptance. |
| La-Z-Boy privacy settings | The OPC’s 2024 report described a preselected option that could allow personal information to be sold unless the user acted. After “Sale of Personal Data” was deselected, a large “Allow All” control appeared more prominently than “Confirm My Choices.” The report said the combined design could lead someone to accept all cookies contrary to their intended choice. | The example combines a consequential default with a prominent control that could undermine a change the visitor had just made. It concerns a privacy-settings interface, not necessarily a standard cookie banner. |
| “Options” and “Confirm My Choices” controls | In “Okay, whatever,” researchers recorded an “Options” button that appeared only to dismiss a cookie-options interface, and a “Confirm My Choices” button on a page that offered no choices. | When labels do not describe the action or available options, the visitor cannot make an informed, dependable selection. |
What the studies can—and cannot—tell us
Published studies document recurring problems, but their percentages describe particular samples and methods, not the current prevalence of bad banners across the web.
- Habib, Li, Young, and Cranor (2022): 88.0% of the consent interfaces they reviewed exhibited at least one dark-pattern heuristic under the study’s classification. This is a result for their reviewed sample, not for all online banners.
- Habib, Li, Young, and Cranor (2022): Their experiment randomly assigned 1,109 participants to interact with one of 12 cookie-consent designs on a fictitious e-commerce website. That describes a controlled study, not a real-world prevalence estimate.
- Danyang Li (2022): In a sample of 100 U.S. e-commerce cookie notices, 38% showed nudging; among the notices with binary options, 80.9% showed nudging. These figures depend on the sample and coding method used in the article.
- OPC (2024): In its sweep, 24% of websites and apps displayed false hierarchy during account registration or deletion, and 65% did so while reviewers examined privacy settings. Neither figure is a rate for cookie banners specifically.
The FTC’s 2022 report release described dark patterns across industries and contexts, including “e-commerce, cookie consent banners, children’s apps, and subscription sales.” That broad finding supports treating consent design as part of a wider deceptive-design concern; it does not make every frustrating banner unlawful.
How to judge a banner before choosing
When a consent screen appears, focus on whether the interface provides a clear and dependable choice rather than assuming that the first or most prominent button is the only route.
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- Compare visibility. Look for a refusal or settings route that is as easy to spot as “Accept all.” Check for low-contrast text or a link pushed below the main controls.
- Check the number of steps. If you open settings, see whether optional purposes can be refused there without searching through unrelated menus.
- Inspect defaults. Look for optional purposes already selected. If the controls allow it, turn off the purposes you do not want before saving.
- Read the labels literally. Choose a control only if its wording matches the action you want—such as refusing optional cookies, saving settings, or accepting all.
- Confirm the result. Use the stated save or confirm control, and look for a persistent way to revisit preferences if you may want to change them later.
Some sites distinguish essential functions from optional purposes, and the available choices can vary. This checklist helps identify how the interface presents its options; it is not a guarantee that every site offers a one-click rejection control.
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Bad design is not automatically a legal ruling
False hierarchy, buried refusal, preselection, and misleading controls are useful design criticisms, but they do not by themselves establish that a particular banner violates the law. The sources discussed here include U.S. government material, a Canadian regulator’s sweep, and academic analyses that address European consent requirements. Legal standards depend on jurisdiction and can change, so a design example should not be treated as a universal legal verdict.
Nor do the published examples establish a current league table of the “worst” banners. The Prada and La-Z-Boy examples are attributable to the OPC’s 2024 report; the study examples are historical observations. Without a dated inspection of a live interface, it is more accurate to call them documented cases than to claim those companies still present the same designs.
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