My experience with GDPR lawyers is that they treat every "cookie" as requiring consent purely because of lack of information and difficulty in fully assessing the full picture.
In every other field, lawyers have to work together with experts. Technical experts must engage with the lawyers. This here is a failure from both sides.
Good rules will have their intent followed by bad lawyers. Bad rules will have their letter followed but their intent missed.
Most lawyers aren’t bad, they’re just risk averse. I’ve had very few outright “no” answers from legal, even when pushing the boundaries in the grey areas, but the result of that is the PM doesn’t get a straight yes from legal so they decide to take the most complicit option. In the cookie banners case, that’s show by default especially if you don’t understand.
If the rules are so opaque even professional lawyers are confused, thats a bad law.
It definitely is.
My experience with GDPR lawyers is that they treat every "cookie" as requiring consent purely because of lack of information and difficulty in fully assessing the full picture.
In every other field, lawyers have to work together with experts. Technical experts must engage with the lawyers. This here is a failure from both sides.
That’s the “you’re holding it wrong” defense.
Good rules will have their intent followed by bad lawyers. Bad rules will have their letter followed but their intent missed.
Most lawyers aren’t bad, they’re just risk averse. I’ve had very few outright “no” answers from legal, even when pushing the boundaries in the grey areas, but the result of that is the PM doesn’t get a straight yes from legal so they decide to take the most complicit option. In the cookie banners case, that’s show by default especially if you don’t understand.