Comment by forgotaccount3
1 day ago
> But companies prefer to put in that effort and annoy their users so they can have that tracking.
This is making the assumption that the company has already paid the significant legal fees to see if they need the banner or not. Or ignoring the companies that think it is easier to add the banner than pay a law firm to review it's data usage.
It's like 'Hey, I make T-shirts. I want to sell them to anyone who visits my website. Do I need a cookie banner? I don't know. I do collect personal information to facilitate the transaction. I do retain the information for refund purposes. I do log IP addresses. Is this covered without a banner? Am I 'safer' to just make a banner saying we are saving their data and using it? I can't afford a lawyer to review everything we do, but I can afford a developer to make a banner like they did on other sites. Even if they implement it incorrectly, I think it's worth the cost to have the banner because I probably won't be liable if I attempted to follow the law. And maybe I'm wrong there because again, I have no idea what the letter of the law requires. I just make t-shirts and want to sell them.'
Tossing up a banner doesn't really help. You're required to allow users to opt out of anything that's not essential to the service being requested by the user. So regardless of whether you're going to have a banner or not, you have to identify what's essential. And once you've done that, you could stop there and not have anything non-essential.