And this is not for cookies required for technical reasons (seesion cookies and cookies to save preferences) - you don't need consent for them. Only for marketing / statistical cookies. See [1], it does a good job of explaining this.
https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_gui...
Statement 82 reads:
"The GDPR does not allow controllers to offer pre-ticked boxes or opt-out constructions thatrequire an intervention from the data subject to prevent agreement(for example ‘opt-out boxes’)."
This in my mind pretty much invalidates most of the existing cookie banners out there, not to mention the multi layered messes some sites do (oath comes to mind).
Look, I'm not that much into respecting laws for the sake of respecting laws. I actually don't really like rules all that much. And there are shitty laws. GDPR and speed limits aren't in my opinion though. I find them sensible. If you think they are not, I got you covered with my civic disobedience parenthesis.
That said, breaking the law has risks, you cannot lightly advise people breaking it as they feel like it.
Where did you read that I want cookie banners? They ask me whether I want to be tracked. They are nonsense, often bad UX, and often riddled with dark patterns. The GDPR never forced anyone to implement them. It requires explicit consent for tracking in essence, which cookie banners often do a very bad job of.
If you think that as a visitor I am not going to opt in, don't ask me, and definitely don't force me into it with dark patterns. If you think your cookie banner is going to annoy me, well don't design your website this way, or you are not being coherent. Or, more accurately, you are solving a problem that is yours, not mine, and yet putting the burden on me.
The response is “what about all these laws you break yourself?”
I don’t think that’s particularly valuable.