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> when cookies are required to use the site it automatically accepts them This makes no sense. Cookies required for operation of a site are not covered by GDPR
by happymellon 4y ago
> when cookies are required to use the site it automatically accepts them
This makes no sense. Cookies required for operation of a site are not covered by GDPR, so shouldn't be in a cookie consent form.
If you use cookies for your shopping cart, then you do not need to ask permission to create a shopping cart cookie.
- mmmmmbop 4y agoThere are quite a few news websites that deny access to the site unless you agree to being tracked (e.g. [1]). Authorities in EU countries are split on the legality of that -- the Dutch data protection authority explicitly disallows such behavior [2], while German authorities are silently tolerating it [3]. In my opinion, this goes against the spirit and the letter of GDPR, but it seems that they are getting away with it for now. The matter hasn't been discussed by the European Court of Justice yet. In those cases, as a non-paying user, you essentially have the choice between accepting being tracked, or not viewing the site. IDCAC errs on the side of being able to view the site. [1] https://www.zeit.de/ https://www.zeit.de/ [2] https://autoriteitpersoonsgegevens.nl/nl/nieuws/websites-moeten-toegankelijk-blijven-bij-weigeren-tracking-cookies https://autoriteitpersoonsgegevens.nl/nl/nieuws/websites-moe... [3] In the case of online raffles, a German court even explicitly allowed forcing users to agree to their data being used for advertising purposes if they want to participate in the raffle. https://openjur.de/u/2185336.html https://openjur.de/u/2185336.html
- happymellon 4y agoOkay, that makes sense. Thank you for the information!