Correct. The vast majority of such cookie banners you see are illegal according to the GDPR, i.e. whenever you see one that doesn't have equal prominent "Accept"/"Reject" options next to each other.
The only reason these illegal banners still get used is a lack of enforcement. Right now, the enforcement process is rather slow, which is in part due to all this stuff being "new" (the cookie ePrivacy is technically from 2009 already, but regulatory bodies with a clear focused mandate to enforce infractions only really came into existence with the GDPR) and thus regulatory bodies and sometimes courts still trying to figure out the legal details, and acting slow and (overly) cautious in order not to embarrass themselves by issuing fines that are later thrown out in a high court. (And then there is Ireland...). And more generally, the law is rather slow regardless; the time it takes to conclude any "important" case is measured in years, and sometimes decades.
There are civil organizations such as noyb[1] trying to get things going and "nudge" regulators into action, but even with that it will be a few more years at least until the legal questions around "what is an acceptable cookie banner" are settled.
The only reason these illegal banners still get used is a lack of enforcement. Right now, the enforcement process is rather slow, which is in part due to all this stuff being "new" (the cookie ePrivacy is technically from 2009 already, but regulatory bodies with a clear focused mandate to enforce infractions only really came into existence with the GDPR) and thus regulatory bodies and sometimes courts still trying to figure out the legal details, and acting slow and (overly) cautious in order not to embarrass themselves by issuing fines that are later thrown out in a high court. (And then there is Ireland...). And more generally, the law is rather slow regardless; the time it takes to conclude any "important" case is measured in years, and sometimes decades.
There are civil organizations such as noyb[1] trying to get things going and "nudge" regulators into action, but even with that it will be a few more years at least until the legal questions around "what is an acceptable cookie banner" are settled.
[1] https://noyb.eu/en/noyb-aims-end-cookie-banner-terror-and-is...