Consent banner present, but tracking cookies still set before Accept is clicked
This check looks at whether tracking cookies are actually set on the very first page load, before a visitor has clicked anything in the consent banner. On this site, a consent banner was detected, but the server still set tracking cookies on initial load, ahead of any Accept action from the visitor. This is the 'banner installed but not actually blocking anything' misconfiguration, and it's the pattern regulators fine most often, because it looks compliant on the surface, there's a banner, while the actual tracking behaviour underneath ignores it completely. The mismatch between the visible banner and the invisible cookie-setting behaviour is exactly what a technical audit like this one is designed to catch. Your developer should configure the consent management platform to gate these specific cookies so they aren't set until the visitor actually clicks Accept, rather than running independently of the banner's choice. This usually involves reviewing the CMP's script-blocking rules for each cookie or tag, typically a few hours of configuration and testing.
Why this matters
This is the 'banner installed but not actually blocking anything' misconfiguration, and it's the pattern regulators fine most often, because it looks compliant on the surface, there's a banner, while the actual tracking behaviour underneath ignores it completely. The mismatch between the visible banner and the invisible cookie-setting behaviour is exactly what a technical audit like this one is designed to catch.
How to fix it
Your developer should configure the consent management platform to gate these specific cookies so they aren't set until the visitor actually clicks Accept, rather than running independently of the banner's choice. This usually involves reviewing the CMP's script-blocking rules for each cookie or tag, typically a few hours of configuration and testing.