Updated 4 October 2026
Do I need a cookie banner for analytics?
The honest answer is "it depends on the country and on what your script does". A short table by country, and the questions that settle it. Guidance, not legal advice.
In short
- A banner is about storing or reading something on the visitor's device, not about analytics as such. Remove the cookie and the question changes, but it does not disappear.
- France (CNIL), the UK and several other EU countries exempt some first-party analytics, under conditions. Germany and Austria generally still ask for consent.
- In the US there is no cookie-consent law like the EU's. The rules are about selling and sharing personal data, which trckable does not do.
- Everything else on your page (ads, video, chat, social buttons) needs its own answer. Analytics being exempt does not cover it.
The table#
| Where | Rule in short | Analytics without a banner? |
|---|---|---|
| EU, general | ePrivacy Directive, Article 5(3): consent before storing or reading information on a device, with exemptions set by each country | Depends on the country. Not by default |
| Germany | The TDDDG's section 25 (formerly the TTDSG): consent, unless the access is strictly necessary | Generally no. Authorities have treated reach measurement as needing consent |
| Austria | Telecommunications Act 2021, section 165: the same pattern | Generally no |
| France | The CNIL exempts audience measurement that meets its conditions: only for the site's own statistics, no cross-site tracking, no other use of the data, visitors told and able to refuse | Yes, if every condition is met |
| UK | PECR asks for consent for storage and access. A 2025 reform adds an exemption for statistical analytics with an easy way to opt out | Increasingly yes. Check whether the exemption is in force for your setup |
| US | No federal cookie-consent law. State privacy laws, such as California's, regulate the sale and sharing of personal data and ask you to honour opt-out signals | Usually yes. Mind your other tools and tell visitors what you do |
These are the general lines as we understand them in October 2026. National rules and regulators' views move, so read your own authority's current guidance before you rely on a row.
What the exemptions usually ask for#
The wording differs, but the conditions repeat: the data serves your own site's statistics only, nothing is tracked across sites or shared for others' purposes, visitors are told and can object, and data is not kept longer than needed (trckable's retention runs from 30 days to 3 years per site). trckable loads nothing from another company, and Cloud data is hosted in the EU.
Questions#
- Do I need a cookie banner if I use cookieless analytics?
- Often not for the analytics itself in countries with an exemption, such as France when the conditions are met. In Germany and Austria consent is generally still expected. Other things on your page, such as ads or video embeds, may need a banner anyway.
- Do I need a banner in the US?
- There is no federal cookie-consent rule. State privacy laws focus on selling and sharing personal data and on honouring opt-out signals. trckable does not sell or share visitor data.
- Is this legal advice?
- No. It is a plain summary of general lines, written by people who are not your lawyers. Rules are national and change, so ask a lawyer who knows the countries your visitors are in.