Of course they do, or one of their superiors does. Computers are physical devices that do what their operators tell them to do; it’s entirely reasonable to hold the operator responsible for what the computer does at their request. That includes the overt behavior of any software they choose to run, and they always have the option to choose different software or, in the extreme case, unplug the server and discontinue service.

Then the solution is simple: Stop using those CMSes.

>So most banners are just a notification rather than a choice. e.g. Continue to use the site and you automatically opt in. Which is not the intended goal for the law.

That is breaking the law. Generally, people should not do that.