Let's be clear here: The law is NOT to blame for cookie banners.
The blame lies with companies that would rather inconvenience you with a banner than respect your privacy by not collecting (and selling) your data..
Let's be clear here: The law is NOT to blame for cookie banners.
The blame lies with companies that would rather inconvenience you with a banner than respect your privacy by not collecting (and selling) your data..
@jtonline @vmbrasseur First party tracking is less harmful than 3rd party tracking, but tons of companies run server side proxy applications that send 3rd party tracking data directly from the 1st party servers. That makes it practically almost impossible to block from the client-side (unless stopping to use a service completely).
For example Google Analytics can run data gathering on a website's own servers, hiding the logic from a browser.
@Beirutspring @vmbrasseur You don't need a banner or confirmation for the kind of cookie you described. If you're seeing a cookie banner, it's because they actually are collecting data to profit from. That's what the banner means.
When the data is only used for the functionality of the site, then no banner is required.
@Beirutspring @vmbrasseur Specifically, they read this:
[
European rulemakers in 2009 revised a law called the e-Privacy Directive to require websites to get consent from users before loading cookies on their devices, unless the cookies are “strictly necessary” to provide a service.
]
And read the "Strictly necessary" as being too onerous on them to determine, and not in their best interests in order to sell tracking data to advertisers - hence the pop-up on sites that do not need it.
You don't need a cookie banner to stay logged in. Not by law neither by technical reasons.
If a website asks you for confirmation, then usually because they a stupid or - more likely - not just to keep you logged it. But whatever reason it is, it should be told you inside the banner because your consent must happen "well informed".
By the way: I just click "don't" every time 🤷
@vmbrasseur oof, that's bad reporting by politico here. As you say, the law didn't demand this crap. And the 'proposal' they cite...
> to drop consent banners for cookies collecting data “for technically necessary functions”
... that's already there. You don't need a cookie banner for that. Ugh
@ljrk @vmbrasseur and the banner doesn't even comply. It's designed to be annoying for users and also blame the law.
And that strategy seems to have succeeded given how many people believe it.
Politico is comically bad at this kind of thing.
"Legitimate interest"
Like saving your login details, and preferences in cookies on your pc. Yes there are legitimate reasons for using cookies.
Reasons are not interests.
'Legitimate interest' is distinct from other purposes in that users have the right to object to the processing of their data, and while reducing friction no doubt serves the interests of the provider, the user is too often subject to a cumbersome and obstructive process through which their objections can be registered.
Yes and no. It would have been trivial to add a legal provision that requires companies to respect the DNT flag sent by the client. Instead, we now have this harebrain "consent provider" bullshit industry.
From the article:
> the Commission is pondering how to tweak the rules to include more exceptions or make sure users can set their preferences on cookies once (for example, in their browser settings) instead of every time they visit a website.
I mean come on! We had it all ready to go with DNT and they dropped the ball by not mandating it. Let's see of how bad the proposed implementation looks once "industry interests" get involved in the design.
@vmbrasseur
Or cookie whitelisting and browser tab containers could make the entire question moot.
In firefox, i use containers to control cookie scope, and all cookies i haven't white listed are nuked when the tab or browser closes.
The sites i trust remember me. Everything else forgets me. Can this not be baked into default browser behavior? (Takes 2 plugins in firefox, impossible in chrome.)
It would make this entire topic irrelevant.
@vmbrasseur It’s malicious compliance through and through, for sure. But they’re not gonna stop unless they have to.
So legally mandated browser-based control would be the best way I think, most of that’s already built-in, so it would need integration with content policy, and a more friendly and discoverable browser UI, which is all technically doable.
At this point I’d almost rather stop requiring consent if it gets rid of the fucking banners.
I didn't bother reading most of the article because of this
Also, cookies are not harmless. If they were harmless, websites would not deploy them. I
True, the EU could prohibit tracking in general and justify that with "you were not able to inform people sanely to get their confirmation, instead you decided to bother folks. Now you have no insentive to get their consent, because they cannot longer consent".
Or you can replace it by written consent, on paper… that would be nice "before you start using our website, we need you to send a postcard with the consent to track you and your behavior on our website…"
@vmbrasseur PRECISELY THAT!
They could do it like my website and have 0 cookies and 0 trackers…
@vmbrasseur it’s too simplistic to say the law isn’t to blame. Yes it’s malicious compliance, but it could have been foreseen.
It is incumbent on the legislature to make good law, that is enforceable, and to think through the likely consequences. This was a massive failure on that front.