> GDPR does not require a cookie banner when your website does not place cookies You can place cookies and not need a cookie banner. You just can't use consen

> GDPR does not require a cookie banner when your website does not place cookies You can place cookies and not need a cookie banner. You just can't use consent as a legal basis when you haven't yet asked for consent, that's the only thing all these websites are doing: no legitimate reason for the invasive tracking they want to do and thus they're legally obliged to ask you in a clear way if you will consent to it. If the data processing were to fall under a reason such as: - in order to fulfill a contract (such as your visitor asking the website to log them in) - or a legitimate interest (murky, but aggregated statistics like setting returnVisitor=true should fall under this) - or one of the other reasons defined in GDPR (I think there are three more besides consent, like public interest, vital interest of the subject, and one more I forgot) then you don't need to ask for consent to process this data or, specifically in this case, place this cookie.