Comment by buzer

1 day ago

Legitimate interest is not currently enough to read or write cookies. You need either consent or it must be "strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service." (or "sole purpose of carrying out the transmission of a communication over an electronic communications network", but that's harder to apply to cookies)

Which part says legitimate interest doesn't apply to cookies?

  • "legitimate interest" is legal basis in GDPR. ePD (which governs access to cookies) does not have such legal basis, only consent and the two exceptions.

    Other processing (like after value is read) can happen under GDPR if the data is personal data.

    • My understanding is that ePD was obsoleted by GDPR.

      Note that you don't comply with EU directives anyway - you comply with actual laws of actual countries, and the EU process helps them to mostly agree with each other. Did countries replace their ePD-based laws with GDPR-based laws? My understanding is they did.

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