Tracking should be opt-in and consent should be freely given. If your notice is annoying enough that most people click accept (or if clicking decline is harder) then you are already in breach.
A lot of websites also consider analytics cookies as essential and don't provide a way to decline those which isn't compliant either.
These websites can be detected very easily by running a web scraper and looking for one of these non-compliant "consent management" solutions (looking at you TrustArc) and fining every single company that uses it.
Tracking should be opt-in and consent should be freely given. If your notice is annoying enough that most people click accept (or if clicking decline is harder) then you are already in breach.
A lot of websites also consider analytics cookies as essential and don't provide a way to decline those which isn't compliant either.
These websites can be detected very easily by running a web scraper and looking for one of these non-compliant "consent management" solutions (looking at you TrustArc) and fining every single company that uses it.