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by herio 2029 days ago
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).

2 comments

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".
Cookie banners predate GDPR by a decade or two.
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