https://www.techdirt.com/articles/20180605/22253339978/eu-co...
Consent should be given by a clear affirmative act [...] Silence, pre-ticked boxes or inactivity should not therefore constitute consent. [...]
So, all those websites that have preticked boxes where you share data unless you untick them are in violation of the GDPR (unless the personal data is required for the site to function). So are websites that only present an 'accept/ok' option, since processing personal data is typically not necessary to retrieve the page:
When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
Websites that are designed to let unattentive users consent to data by e.g. clicking the most visible button are probably in violation as well, since it is not a clear affirmative act.
Don't track your users and boom: you need no cookie banner. EasyI
The cookie pop-ups is definitely not GDPR - it is a separate thing called the ePrivacy Directive and came about many years before GDPR.
GDPR and ePD are both wonderful for consumers. I am fairly annoyed that the implementation and skirting by 90%+ of websites is due to them not being able to monetize our data or track us.
I suspect the rate of non-compliance is closer to 99%+ considering most of the annoying cookie banners I see pop up are actually not following the guidance.
Cookiebot seems the closest to me (defaults to only required cookies, etc.)