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by sqrt2 1601 days ago
You're making the mistake of thinking that the cookie consent requirements are somehow a consequence of GDPR. The cookie consent requirements exist separately from and additionally to GDPR as a consequence of the e-Privacy Directive. What GDPR changed in regard to cookie consent is what exactly constitutes "consent", as it updated the Data Protection Directive in that regard, but it did not change when consent for cookies is required.

Other than court judgments, the Article 29 Working Party opinion is the most authoritative opinion you will get on the interpretation of the e-Privacy Directive, which is the "real legislation" that you need to look at.

edit: Nobody claims that the e-Privacy Regulation is in effect, by the way -- of course it isn't, it hasn't even been passed. The cookie consent clause of the e-Privacy Directive is however in effect, and has been since 2009.

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Also the e-Privacy Directive does exempt strictly necessary cookies from any consent requirements, or am I completely confused now?

Edit: No, I'm not. The GDPR page I linked states the situation that follows both from the GDPR and the e-Privacy Directive. It also fits to what is written in the directive itself.

Strictly necessary cookies for a service the user explicitly requested. And, importantly, this is true even if no personal data is involved and the process is therefore not covered by GDPR at all -- the cookie clause of e-Privacy Directive applies regardless.