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Something doesn't smell right here. IANAL, but my understanding as someone who's read the entire text of the GDPR is that it regulates personally identifiable d
by jdlshore 4y ago
Something doesn't smell right here. IANAL, but my understanding as someone who's read the entire text of the GDPR is that it regulates personally identifiable data, not cookies/local storage.
The OP seems to be conflating the GDPR with §25(1) of the German Telemedia act, and it does indeed have a prohibition against using local storage. But it also says that local storage is allowed if it "is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user." (machine translated)
So it's not the GDPR that's at issue, it's a particular German law, and that law appears to have a carve-out that specifically applies to the feature under discussion. Dark mode is a service that's (presumably) expressly requested by the user.
Contact your own lawyer if you're concerned, but this seems like unnecessary hysteria to me.