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Cookie banners exist not because of the GDPR, but because of Article 5(3) of the ePrivacy Directive (https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELE

Cookie banners exist not because of the GDPR, but because of Article 5(3) of the ePrivacy Directive (https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:en:HTML https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX...): Member States shall ensure that the use of electronic communications networks to store information or to gain access to information stored in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing, and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user. It has been planned for a long time to replace the ePrivacy Directive with the ePrivacy Regulation (https://en.wikipedia.org/wiki/EPrivacy_Regulation https://en.wikipedia.org/wiki/EPrivacy_Regulation) which was actually going to replace the cookie banners with browser settings, but so far the ePrivacy Regulation is kind of stuck because of successfull lobbying by ad companies.

Lorkki 3y ago
Banners are in no way mandated, though. As the quoted text states, you need to have a policy easily available - the same as you'd have any other legal information on your website. Typically it isn't served on banners or popups, but e.g. in the page footer. You also need to have the right to refuse, which is a non-issue if tracking is opt-in, or only happens in a necessary context like user login, where you can inform the user that it's about to happen. It's a more or less deliberate misunderstanding to claim that you need popup banners because of EU regulation, and it seems to be said mainly in order to mask the fact that applications are designed to be hostile to privacy in the first place.

Lorkki 3y ago

Banners are in no way mandated, though. As the quoted text states, you need to have a policy easily available - the same as you'd have any other legal information on your website. Typically it isn't served on banners or popups, but e.g. in the page footer. You also need to have the right to refuse, which is a non-issue if tracking is opt-in, or only happens in a necessary context like user login, where you can inform the user that it's about to happen. It's a more or less deliberate misunderstanding to claim that you need popup banners because of EU regulation, and it seems to be said mainly in order to mask the fact that applications are designed to be hostile to privacy in the first place.