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Comment by dcow

1 month ago

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…

> This is not an official EU Commission or Government resource. [...] Nothing found in this portal constitutes legal advice.

It's easier and safer to just claim that you must prompt for everything, and it serves the goal of obfuscating bad behaviour.

Cookies that are functionally necessary to do what the user is there for, not to track them, are OK, that's the spirit and intent of the law. Even if you think the wording means that, realistically, the EU isn't coming after anyone for a legitimate good-faith use of language cookies without a banner, and they'd clarify if that was how they intended to enforce it.

The way I read this proves you wrong:

> Cookie compliance [heading]

> To comply with the regulations governing cookies under the GDPR and the ePrivacy Directive you must:

> Receive users’ consent before you use any cookies except strictly necessary cookies.

(emphasis not mine, but would have added it)