Comment by croon
4 months ago
> Which descriptor do you think is unambiguously violated by making it easier to provide consent than withhold it?
> Art 7(3) It shall be as easy to withdraw as to give consent. [0]
But legal interpretation of GP I believe is reaching the consensus that that phrasing too is broken by that implementation:
> Free and informed consent (Art. 7 GDPR): Consent is valid only if it is freely given. When the option to decline is hidden or unnecessarily cumbersome, the user's choice is affected and consent is no longer "free." [1]
[0] https://gdpr.eu/article-7-how-to-get-consent-to-collect-pers...
[1] https://www.ictrechtswijzer.be/en/complaint-about-cookies-wi...
Ah appreciated, that is indeed exactly what I was asking about!
Now I'm left wondering why enforcement was supposedly so hard. Seems like shooting fish in a barrel, especially given that some very large websites were in clear violation of this article
Subjective take: Huge amount of small actors, and the big actors have a financial interest in shifting the conversation to blaming the EU for their annoying dark patterns over protecting customers from privacy violations and tracking to the detriment of their financials.