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The parent was talking about ePrivacy Directive which is a regulation for companies registered and operating in EU. That is where the cookie banner requirement

The parent was talking about ePrivacy Directive which is a regulation for companies registered and operating in EU. That is where the cookie banner requirement comes from.

svdr 3y ago
This directive is still only a proposal...
- thecopy 3y ago
  I think you are mixing that up with the ePrivacy Regulation
  - svdr 3y ago
    I did, thanks!
whstl 3y ago
The ePrivacy Directive does mention cookies in its text, but it says "cookies or similar devices", so it clearly includes localStorage, which the 2002 text predates. And there was NEVER a requirement for a "cookie banner" in its text. Consent under it can be given in any other way that are not as intrusive, but it was the industry who chose the stupid banner and invasive analytics. Also notice that under both GDPR and ePrivacy Directive, consent is not required for cookies/etc with a legitimate purpose. Examples of those have been given under the ePrivacy Directive from almost the beginning, but more explicitly in the "Opinion 04/2012 on Cookie Consent Exemption" which is from 2012 and predates cookie banners. [1] Here's an example of asking for consent to store a cookie that doesn't involve a banner: https://www.williamgrant.com https://www.williamgrant.com . It's in the age-check modal.
- thecopy 3y ago
  Indeed. The IAB has, imo, purposely made the “consent” modal as confusing and annoying as possible to train users to just accept. All those different purposes… it is all very confusing even for an engineer like me who’s job it is to work with (due to legal department’s conviction that unless we have such a modal we are breaking the law)
- deprecative 3y ago
  So, is your proposal for a cookie banner replacement a full-page takeover? That seems less ideal than the banner.
  - whstl 3y ago
    What "proposal"? I'm talking about the checkbox in the bottom. It is asking for consent to store PII in a cookie, and it doesn't need a banner. I was answering to a claim that cookie banners are required by the ePrivacy Directive. There is no requirement for banner anywhere there or in GDPR. They were invented by the advertisement industry, and almost all the time are found to be non-compliant.

The parent was talking about ePrivacy Directive which is a regulation for companies registered and operating in EU. That is where the cookie banner requirement comes from.

svdr 3y ago

This directive is still only a proposal...

thecopy 3y ago
I think you are mixing that up with the ePrivacy Regulation
- svdr 3y ago
  I did, thanks!

whstl 3y ago

The ePrivacy Directive does mention cookies in its text, but it says "cookies or similar devices", so it clearly includes localStorage, which the 2002 text predates. And there was NEVER a requirement for a "cookie banner" in its text. Consent under it can be given in any other way that are not as intrusive, but it was the industry who chose the stupid banner and invasive analytics. Also notice that under both GDPR and ePrivacy Directive, consent is not required for cookies/etc with a legitimate purpose. Examples of those have been given under the ePrivacy Directive from almost the beginning, but more explicitly in the "Opinion 04/2012 on Cookie Consent Exemption" which is from 2012 and predates cookie banners. [1] Here's an example of asking for consent to store a cookie that doesn't involve a banner: https://www.williamgrant.com https://www.williamgrant.com . It's in the age-check modal.

thecopy 3y ago
Indeed. The IAB has, imo, purposely made the “consent” modal as confusing and annoying as possible to train users to just accept. All those different purposes… it is all very confusing even for an engineer like me who’s job it is to work with (due to legal department’s conviction that unless we have such a modal we are breaking the law)
deprecative 3y ago
So, is your proposal for a cookie banner replacement a full-page takeover? That seems less ideal than the banner.
- whstl 3y ago
  What "proposal"? I'm talking about the checkbox in the bottom. It is asking for consent to store PII in a cookie, and it doesn't need a banner. I was answering to a claim that cookie banners are required by the ePrivacy Directive. There is no requirement for banner anywhere there or in GDPR. They were invented by the advertisement industry, and almost all the time are found to be non-compliant.