3 ms·
https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2012/wp194_en.pdf https://ec.europa.eu/justice/article-29/documentation/opini
by zamadatix 3y ago
https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2012/wp194_en.pdf https://ec.europa.eu/justice/article-29/documentation/opinio...
3.6 UI customization cookies:
"These customization functionalities are thus explicitly enabled by the user of an information
society service (e.g. by clicking on button or ticking a box) although in the absence of
additional information the intention of the user could not be interpreted as a preference to
remember that choice for longer than a browser session (or no more than a few additional
hours). As such only session (or short term) cookies storing such information are exempted
under CRITERION B. The addition of additional information in a prominent location (e.g.
“uses cookies” written next to the flag) would constitute sufficient information for valid
consent to remember the user’s preference for a longer duration, negating the requirement to
apply an exemption in this case."
In particular, criterion A "functioning of the site" is a lot more narrow than your interpretation. It sounds like "oh, they need this to use the site's functions" but it really describes is functionality more like "you can't use the site at all without setting this cookie because you couldn't authenticate" and criterion B "for service explicitly requested" has more limitations (like lasting beyond session).