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Comment by estebarb

1 day ago

Session cookies do not require a banner.

Aggregated analytics do, and you can't run a serious website without some kind of analytics. Preference-storing does as well, despite any reasonable user expecting that, if they set a preference, it will be saved.

  • You don't need cookies for basic aggregated analytics. Now if you want to track and record mouse movement, you do, and that's a privacy concern.

    The law really has nothing to do with cookies, it has to do with privacy, tracking, and PII. You can absolutely save preferences and perform analytics. What you can't do is hoard data that is personally identifiable for purposes that are not obvious to the consumer.

    • You need cookies if you simply want to run conversion analytics or any kind of performance marketing for media/ecommerce.

    • Actually you can't send any cookie that is not essential to the operation of the website without consent and that would include analytics regardless of PII. same for pixel tracking / fingerprinting, it's all a no-no.

      2 replies →

  • There are many analytics solutions that dont require cookies. You can do aggregated analytics just fine without. Saving preferences does not require consent either.

    • My understanding is that any front-end analytics solution will require consent. You're right about explicitly set preferences. I was mixing that up with inferred preferences.

      7 replies →

  • > Aggregated analytics do,

    Good.

    > and you can't run a serious website without some kind of analytics.

    I don't believe you.

    > Preference-storing does as well, despite any reasonable user expecting that, if they set a preference, it will be saved.

    IANAL, but I'm given to understand that this is untrue.

    • You're right about explicitly set preferences.

      What do you see as the harm in website owners using aggregated analytics data to improve their sites?

      3 replies →