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Is this true? What about shopping cart cookies, especially as a 'guest'? Does that need Cookie op-in, legally?

lozenge 6y ago
"the cookie is strictly necessary to provide an ‘information society service’ (eg a service over the internet) requested by the subscriber or user. Note that it must be essential to fulfil their request – cookies that are helpful or convenient but not essential, or that are only essential for your own purposes, will still require consent." If the site's using a common framework, convenient and essential uses will be combined in a "session id" cookie which needs re-developing, or just slap a cookie warning on it. https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/ https://ico.org.uk/for-organisations/guide-to-pecr/cookies-a...
belorn 6y ago
We can look to the GDPR text itself to answer that. Is the cookie there in order to create a profile with other information in order to identify a natural person. If yes, then the company is required to treat that cookie identifier with the same care and requirements as other sensitive personal data like social security numbers, passport numbers, personal ID numbers, and so on. Law is fuzzy by nature, but it seems pretty clear that a shopping cart cookie is exempted from needing consent. Functionality of services that are expressly requested by users do not need consent, and in this case we have users that want to put items inside a cart in order to buy it. If that creates a profile on the server, and that profile is combined with other information, and then used outside the scope of the customer relationship, then we are moving into the area where consent is needed. We can draw a parallel to data collected offline. A person go to a store and talk to a sales representative about buying a product and having it shipped home. At what point do the sales person need to ask for GDPR consent? The answer is likely the point where the sales person saves a profile of that customer on the computer, and the profile is intended to be used outside the context of that purchase.
- Jaruzel 6y ago
  Thank you - clear breakdown there!

"the cookie is strictly necessary to provide an ‘information society service’ (eg a service over the internet) requested by the subscriber or user. Note that it must be essential to fulfil their request – cookies that are helpful or convenient but not essential, or that are only essential for your own purposes, will still require consent." If the site's using a common framework, convenient and essential uses will be combined in a "session id" cookie which needs re-developing, or just slap a cookie warning on it. https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/ https://ico.org.uk/for-organisations/guide-to-pecr/cookies-a...

belorn 6y ago

We can look to the GDPR text itself to answer that. Is the cookie there in order to create a profile with other information in order to identify a natural person. If yes, then the company is required to treat that cookie identifier with the same care and requirements as other sensitive personal data like social security numbers, passport numbers, personal ID numbers, and so on. Law is fuzzy by nature, but it seems pretty clear that a shopping cart cookie is exempted from needing consent. Functionality of services that are expressly requested by users do not need consent, and in this case we have users that want to put items inside a cart in order to buy it. If that creates a profile on the server, and that profile is combined with other information, and then used outside the scope of the customer relationship, then we are moving into the area where consent is needed. We can draw a parallel to data collected offline. A person go to a store and talk to a sales representative about buying a product and having it shipped home. At what point do the sales person need to ask for GDPR consent? The answer is likely the point where the sales person saves a profile of that customer on the computer, and the profile is intended to be used outside the context of that purchase.

Jaruzel 6y ago
Thank you - clear breakdown there!