Consent is required. The banner is just one mechanism, but not required. A website could hold off on all tracking until a suitable point in the usage of the site (like creating a profile, for example) and ask at that point.
The banner is an artefact of the hostile way most sites choose to try and hoodwink the user into being monetised and ultimately to piss users off so much that they complain about the legislation rather than the lack of online privacy.
Consent is required. The banner is just one mechanism, but not required. A website could hold off on all tracking until a suitable point in the usage of the site (like creating a profile, for example) and ask at that point.
The banner is an artefact of the hostile way most sites choose to try and hoodwink the user into being monetised and ultimately to piss users off so much that they complain about the legislation rather than the lack of online privacy.