[jraph]

Honestly, please respect the laws (unless you are doing civil disobedience, I won't judge you) and people even if they are techies.

You don't want to show me a banner because it's painful? Right, I agree. Just don't opt me in into this crap and then you don't need to show me the banner.

You can use your server logs to measure your audience.

[yostrovs]

You want the warning banners simply because it's a law or do they actually help you with something? Out of curiosity, do you ever break driving laws such as speed limits?

[krsdcbl]

"the banner" is nowhere stated in the law. it's a way people have chosen to comply with the law, and most of the implementations currently out there are still in violation of what the law states. The law simply mandates you get informed, "written" consent from any visitor before tracking them or collecting PII in any form or function.

[herio]

Just read up on it and it's actually a bit more detailed, it requires active consent.

https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_gui...

Statement 82 reads:

"The GDPR does not allow controllers to offer pre-ticked boxes or opt-out constructions thatrequire an intervention from the data subject to prevent agreement(for example ‘opt-out boxes’)."

This in my mind pretty much invalidates most of the existing cookie banners out there, not to mention the multi layered messes some sites do (oath comes to mind).

[krsdcbl]

yep, that's exactly what i mean by "informed & written" - quite literally it must be active by definition of "informed", but furthermore in a way that is clear to the user of WHAT he actively consented to, and written meaning "proveable".

[toomanybeersies]

Cookie banners predate GDPR by a decade or two.

[krsdcbl]

and most importantly, don't suffice to fulfill gdpr. User must not only be informed OF the usage of cookies, but of any means of tracking, and must be presented a way to access the content WITHOUT having to load said cookies or tracking measures

[yostrovs]

If it simply stated what you say (may I have the quote?), few would be in violation of it, again as you say.

[jraph]

It's difficult to quote what does not exist, but yes, GDPR only require asking explicit consent (which can be implemented in different ways, cookie banners being one).

And this is not for cookies required for technical reasons (seesion cookies and cookies to save preferences) - you don't need consent for them. Only for marketing / statistical cookies. See [1], it does a good job of explaining this.

[1] https://gdpr.eu/cookies/

[jraph]

Supposing that I break laws such as speed limits, it's still something I should not do, voluntarily anyway.

Look, I'm not that much into respecting laws for the sake of respecting laws. I actually don't really like rules all that much. And there are shitty laws. GDPR and speed limits aren't in my opinion though. I find them sensible. If you think they are not, I got you covered with my civic disobedience parenthesis.

That said, breaking the law has risks, you cannot lightly advise people breaking it as they feel like it.

Where did you read that I want cookie banners? They ask me whether I want to be tracked. They are nonsense, often bad UX, and often riddled with dark patterns. The GDPR never forced anyone to implement them. It requires explicit consent for tracking in essence, which cookie banners often do a very bad job of.

If you think that as a visitor I am not going to opt in, don't ask me, and definitely don't force me into it with dark patterns. If you think your cookie banner is going to annoy me, well don't design your website this way, or you are not being coherent. Or, more accurately, you are solving a problem that is yours, not mine, and yet putting the burden on me.

[t0astbread]

Maybe you don't want them but someone else who visits your website does. You can't assume everyone dislikes the same laws as you and since it's a law people kind of have a right to it.

[oarsinsync]

The position was “don’t break laws that provide my right to privacy”

The response is “what about all these laws you break yourself?”

I don’t think that’s particularly valuable.

[yostrovs]

I think it is helpful to point out that some laws are poorly written, are pointless, too aggressive, or impossible to comply with properly. When someone realizes that there are laws they themselves break, hopefully they tone down their conviction that they're law abiding and others are not. This then helps to process the actual problems with individual laws.