Insights

Equal Accept and Reject buttons: why fair cookie banners matter

Tarek RimanUpdated 2 min read

Short answer

A fair cookie banner gives Accept and Reject the same size, colour and position on the first screen, uses plain words, and does not pre-tick boxes. Regulators in Europe and California have said that making refusal harder than acceptance can invalidate consent, and Quebec's Law 25 expects privacy by default.

Key takeaways

  • Reject should be as easy as Accept, on the same layer.
  • Pre-ticked boxes and vague wording do not produce valid consent.
  • Regulators have named specific banner tricks as dark patterns.
  • A fair banner builds trust and gives you data you can rely on.

Many cookie banners are designed to get a yes: a big bright Accept button, a faint Settings link, and the option to refuse buried two screens deep. Regulators have noticed, and the rules are getting more specific.

What regulators have said

In Europe, the European Data Protection Board’s cookie banner taskforce reported in 2023 on practices national authorities consider problematic, including the absence of a reject button on the first layer, deceptive button colours and contrast, and pre-ticked boxes. France’s CNIL has fined large companies for making refusal harder than acceptance.

In California, the regulations under the CCPA require symmetry in choice: the path to say no should not be longer or harder than the path to say yes. They list dark patterns that can make consent invalid.

In Quebec, Law 25 requires the most privacy-protective settings by default. A banner that nudges people into tracking works against that principle.

  • No Reject on the first screen. Accept is one click; refusing takes several.
  • Unequal buttons. A filled, coloured Accept next to a grey text link for Reject.
  • Pre-ticked categories. Analytics and marketing already switched on in the settings panel.
  • Confusing wording. Labels like “Continue” or “Got it” that do not say what happens.
  • Legitimate interest toggles hidden in a second tab and switched on by default.
  • Repeated prompts after a refusal, until the visitor gives in.

What a fair banner looks like

A short message in plain language, then Accept all and Reject all with the same style, side by side, plus a Customize option for people who want detail. Categories in the settings panel start switched off except essential. The visitor can reopen the banner from any page to change their mind. North Consent ships with this layout by default.

Does a fair banner hurt your numbers?

Fewer people will accept than with a banner that pushes them. But consent obtained through tricks may not count, which means the data behind it may not be usable. A fair banner gives you numbers you can rely on. Google Consent Mode modelling and better first-party measurement help fill part of the gap. We look at what really moves acceptance in what affects your consent rate.

A quick self-check

Open your site on a phone. Can you refuse in one tap from the first screen? Are both buttons equally visible? Is every non-essential category off when you open the settings? If any answer is no, it is worth fixing.

Frequently asked questions

Do I have to show a Reject all button?

In the EU and for Quebec visitors, regulators expect refusal to be as easy as acceptance, which in practice means a Reject option on the first layer.

Can Accept be my brand colour and Reject be grey?

That is one of the patterns regulators have criticised. Use the same style for both.

Is a close button (X) enough to reject?

Some authorities accept closing as refusal if that is clearly explained, but a visible Reject button is clearer and safer.

About the author

Tarek Riman

Founder of North Consent and Riman Agency in Montreal. He builds and optimizes websites for brands in Canada and the US.

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