Comment by Latty
1 month ago
A language preference cookie is not tracking under the GDPR and doesn't need to be promoted for. Of course, if you take that language preference and feed it into your advertising to identify and target people, then it becomes tracking.
You're correct under the GDPR but incorrect under the older ePrivacy Directive. EU sites need to be compliant with both, and so the cookie banners persist.
Are you sure? That's new to me.
https://en.m.wikipedia.org/wiki/EPrivacy_Directive says
> The Directive provision applicable to cookies is Article 5(3). Recital 25 of the Preamble recognises the importance and usefulness of cookies for the functioning of modern Internet and directly relates Article 5(3) to them but Recital 24 also warns of the danger that such instruments may present to privacy. The change in the law does not affect all types of cookies; those that are deemed to be "strictly necessary for the delivery of a service requested by the user", such as for example, cookies that track the contents of a user's shopping cart on an online shopping service, are exempted.
Language preferences are (in all of the deployments I've seen) legally categorized as functional cookies and not strictly necessary cookies. Same with e.g. dark mode/light mode or other preference toggles
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Read: https://gdpr.eu/cookies/ …after you dismiss the cookie banner, of course. I add this not only as a quip but to highlight that even a gdpr explainer website which you’d expect isn’t doing the evil thing of tracking users, has interpreted the relevant laws such that it finds it necessary to promt the user in order to simply explain the gdpr and epd/epr…
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