Since the introduction of the European General Data Protection Regulation (GDPR) and the eprivacy directive in Europe, as well as other privacy laws worldwide, companies have been required to get user consent to collect and process their data.
The most common method for obtaining user consent is through a Cookie Banner. However, over-exposition to consent banners online has led to the emergence of a phenomenon called consent fatigue, with potential implications for consumer rights and businesses’ revenues.
In this article, we explore the reasons behind consent fatigue and strategies to improve user experience & boost opt-in rates.
What Is Consent Fatigue and Is It a Real Problem?
Consent fatigue refers to the exhaustion and indifference to cookie banners that occur when people are repeatedly asked to provide consent for data collection, especially in intrusive ways.
Consent fatigue emerged in the European Union, which gas the strictest privacy regulations. There are an increasing number of apps and websites that require users to provide user consent for various data processing activities.
On average, a user visits about 100 websites per month, which is equivalent to 1,200 websites per year. With about 85% of these websites displaying a Cookie Banner, an average internet user is bombarded with 1,020 cookie banners every year. A study shows that Europeans collectively spend approximately 575 million hours annually interacting with cookie banners, or about 1.4 hours per user per year.
With the average user encountering more than 1,000 cookie banners per year, it’s no surprise many start experiencing consent fatigue. Given the volume of cookie notices on many websites, users often bypass cookie banners or accept them even without reading the cookie notice.
So, consent fatigue is real, and it leads to negative consequences for both internet users and businesses.
Implications of Consent Fatigue on the Consumer Side
Websites sometimes try to improve Cookie Banner acceptance rate, experimenting with Cookie Banner design or behavior, or even using dark patterns to get Cookie Consent.
Experimental data shows that even small changes in Cookie Banner design affect Cookie Consent opt-in rates.
Such over-exposition of consent banners leads to consent fatigue.
The Cookie Consent mechanism was intended to enhance user privacy. However, the over-exposition of consent banners actually decreases user privacy. Many users end up consenting to data collection and processing without even reading the cookie notice or fully understanding its implications. Prioritizing convenience over privacy, some users even ignore cookie banners altogether.
On the consuer side, consent fatigue comes due to the following poor privacy UX practices:
- Cookie walls
Cookie walls deny access to a website by blocking the content of the website and require users to accept all cookies without a real choice to reject them. It‘s a bad UX practice, cookie walls are not allowed by most privacy laws. - Dark patterns
Some websites use dark patterns to trick users into accepting cookies and sharing as much data as possible. For example, popups could use tricks, or manipulative wording, or it could be difficult to reject cookies. Like cookie walls, dark patterns are prohibited by privacy walls. - Bad cookie banner experience
Many publishers offer a poorly designed, even unpleasant cookie banner experience. Cookie banners could use unclear cookie notices, too small font to read, etc. While this practice is not illegal, it leads to consent fatigue. - Too much information
A cookie banner may overwhelm you with a mass of information, especially about third parties like vendors or advertisers. It discourages you from exercising your rights, encouraging you to accept cookies by default. Don‘t overwhelm users with unnecessary information; use just what is relevant, or use a layered approach to provide more information.
Thus, on the consumer side, consent fatigue could lead to:
- Banner blindness or automatic rejection.
- Annoyance and decreased trust in websites and brands.
- Decreased user experience.
Implications of Consent Fatigue on the Business Side
Consent fatigue isn't just a user issue— over-exposition to consent banners can have negative implications for businesses, too. Consumers don’t grant consent to collect or process their data, which is a valuable source of data for businesses.
Lower consent rates could have the following negative impact for businesses:
- Lost opportunities for First-party data collection.
- Less behavioral and analytical data.
- Inaccurate data for analytics.
- Reduced personalization.
- Hindered ad performance and targeting.
- Challenges in complying with global privacy regulations.
So,with less behavioral and analytical data or inaccurate data, businesses can’t deliver targeted advertisement, tailor to their website users’ needs, and get more conversions.
Cookie Consent is needed for targeted advertisements. When internet users feel consent fatigue, they don’t provide cookie consent. Without cookie consent, businesses can’t effectively target users.
Google Analytics 4, the most powerful analytics service, also relies on precise data. Consent fatigue results in less precise data that could lead to inaccurate insights. In addition, consent fatigue could lead to collecting consent from users who actually do not consent. This makes it difficult to establish a relevant KPI for measuring brand engagement.
Thus businesses face the dilemma of choosing between preventing ad performance and targeting due to data loss and poor data analytics; and non-compliance with privacy laws. However, non-compliance could lead to severe penalties. GDPR penalties are among the toughest, reaching up to €20 million or 4% of global turnover, whichever is greater for you.
The only solution for businesses to solve the dilemma is to fight consent fatigue.
Not sure what Cookie Banner your website uses? Try CookieScript Cookie Scanner for free and check your website:
Strategies to Improve User Experience & Boost Opt-in Rates
To improve user experience and increase opt-in rates, strategies should focus on making consent requests simpler, clearer, and more user-friendly while also empowering users with more control over their data.
Read the proven strategies to reduce consent fatigue, improve the user experience, and boost opt-in rates:
- Create a simple and straightforward Cookie Banner
Users appreciate transparency, so be transparent with the purposes of data collection. Use plain language to explain what data you're collecting and why. Avoid legal jargon or complicated text.
For example, write “We use cookies to improve your shopping experience and show you relevant offers.”
Instead of: “These cookies collect personal data like IP addresses and cookie identifiers that are necessary for website functions such as setting your privacy preferences and the purpose of behavioral advertising...” - Use layered consent
Don't overwhelm users upfront- let them control how much they want to engage with the details. On the first layer, display a summary of information with options to explore settings in more detail.
An example of a layered CookieScript cookie notice with an option to view details deeper. - Embrace smart pre-selected defaults
While pre-selected options of all categories of cookies are not allowed by GDPR and some other privacy laws, it is possible to pre-select non-sensitive options like performance cookies. Embracing smart pre-selected options with a clear opt-out can help reduce friction and time spent on cookie notice without sacrificing transparency. - Design for UX, not just compliance
Prioritize the user experience, not just compliance. Use clean layouts, intuitive buttons, and a mobile-first design for your cookie banner. Don’t block the website’s content by the cookie banner- position it in a non-intrusive area. A well-designed Cookie Consent banner shouldn't feel being annoying, intrusive, or like a pop-up ad. - Customize cookie banner design
Experimental data shows that cookie banner design affects the user interaction and opt-in rates more that than the amount of personal data your you are asking to provide. Experiment with cookie banner design by creating different layouts, backgrounds, button colors, fonts, behavior, and timing to see what leads to higher engagement and opt-in rates. Read more about cookie banner design best practices. - Respect returning visitors
Some CMPs like CookieScript allow to obtain cross-domain cookie consent, so if a user has already made a choice, don’t ask again. CMP platforms should store and respect previous preferences unless a change is required by law or policy. - Deliver cookie banner just-in-time
For certain data collection practices (e.g., location tracking or form submissions), provide users with the pop-up and ask for consent only when it's needed rather than during their first visit. - Educate users
Spreading the knowledge of informed consent and the potential implications of ignoring consent requests. Explain to users how companies use customers’ data and what potential risks and benefits sharing data with companies implies for customers. This can result in individuals interacting more with cookie banners and providing informed decisions. - Institutional approach
There is an approach to mitigate consent fatigue by limiting the number of cookie banners online. For example, The new German Consent Management Ordinance (EinwV) is intended to enable the central management of consent across websites and devices. Recognized consent management services should manage user consent choices in bundled and automated forms for all service providers. Thus, it would then not be necessary to obtain separate consent from each individual service provider. However, experts don’t believe that the Consent Management Ordinance will achieve its purpose. - Choose a flexible and professional CMP
While some CMPs offer just basic functions with minimal adjustments of a cookie banner, look for a more professional CMP like CookieScript with flexibility and many functionalities. Create different cookie banners and test the user interaction with your cookie banner or opt-in rates.
Read more on how to select a CMP.
How a CMP Can Help to Improve User Experience & Boost Opt-in Rates?
An intelligent CMP platform could do more than just meet legal requirements— it could empower you to create a friendly and user-first experience.
CookieScript CMP is a modern and professional CMP highly evaluated by users. In 2024, users ranked CookieScript CMP on G2, a peer-reviewed website, as the best CMP for small and medium-sized companies.
CookieScript CMP allows you to:
- Customize the banner design, text, and behavior.
- Localize consent requests based on region.
- Implement granular consent choices.
- Track and audit consent logs.
- Create privacy-laws compliant and user-friendly Privacy Policy.
- Run A/B tests to choose the banner that works best. Each prising plan offers an extra staging domain for testing.
- Accept or reject First-party and Third-Party Cookies separately.
- Respect the Global Privacy Control signal.
- Respect the “Do Not Sell My Personal Information” signal.
Frequently Asked Questions
How to boost opt-in rates for cookie consent?
To boost opt-in rates, create a simple and clear cookie banner, use a layered consent, embrace smart pre-selected defaults, customize cookie banner design, respect returning visitors, deliver cookie banner just-in-tim, educate users, and use a flexible and professional CMP. CookieScript CMP is a modern and professional CMP will all above-mentioned functionalities. In 2024, users ranked CookieScript CMP on G2 as the best CMP.
What are the implications of consent fatigue on the consumer side?
On the consumer side, consent fatigue could lead to banner blindness or automatic rejection, annoyance and decreased trust in websites and brands, and decreased user experience. Use a professional and user-friendly CMP like CookieScript to combat consent fatigue.
What are implications of consent fatigue on the business side?
On the consumer side, consent fatigue could lead to lost opportunities for first-party data collection, less behavioral and analytical data, inaccurate data for analytics, reduced personalization, hindered ad performance and targeting, and challenges in complying with global privacy regulations. Use CookieScript CMP to create a professional and user-friendly cookie banner and avoid consent fatigue.
What features should a CMP have to avoid consent fatigue?
A good and professional CMP should allow you to customize the banner design, text, and behavior, localize consent requests based on region, implement granular consent choices, track and audit consent logs, create a privacy-laws compliant and user-friendly Privacy Policy, run A/B tests to choose the banner that works best, and automatically block third-party cookies separately. CookieScript CMP offers all these functionalities and more!