Is it permissible for the "Accept All" button to be a different color than the "Reject All" button?

ANSWER

The design and color of the buttons should be chosen in a way that allows the data subject to freely decide whether to give consent or not.

For example, the "Accept" button should not be significantly larger or significantly more visually prominent than the "Reject" button. If the rejection button is less visible or harder to identify, it may be overlooked by the data subject, and any consent given would not be considered freely given.

Example

A cookie banner has a white background. The consent button is red, while the rejection button (or the option to continue browsing without giving consent) is white. The first button (red) is clearly more visible against the white background, whereas the second button (white) is barely noticeable. In such a situation, the consent cannot be considered valid. The data subject was not provided with two equally accessible options when making their decision.

A similar position is taken by the French supervisory authority (CNIL). CNIL states that while the design of consent and refusal interfaces is generally left to the discretion of the controller, the solutions used must not be intended to mislead users or make refusing consent more difficult than granting it.

Therefore, to avoid misleading users, CNIL recommends that data controllers ensure their interfaces do not employ practices that could potentially mislead users into believing that consent is mandatory.