| No that's not true, though it does get spouted very often in online comments. It's true that a cookie banner (notification only) does not equal "the site can now do whatever it wants and is GDPR compliant thanks to the banner". However, cookie notification banners are nothing to do with GDPR! They are to comply with an earlier (but still active after GDPR) bit of legislation, the 2002 'ePrivacy Directive' (sometimes known as the "cookies law"). If you don't go near personal data, but still want to use cookies for website functionality, then GDPR doesn't apply but you need to notify users of your use of cookies. If you are doing stuff that's covered under GDPR, then you obviously need to do more than just a cookie notification, and in most cases doing that 'more' will cover the non-personal cookies too so no need for a separate cookie notification on top. https://en.wikipedia.org/wiki/Privacy_and_Electronic_Communi... edit to be more specific: section (25) includes "Where such devices, for instance cookies, are intended for a legitimate purpose, such as to facilitate the provision of information society services, their use should be allowed on condition that users are provided with clear and precise information in accordance with Directive 95/46/EC about the purposes of cookies or similar devices so as to ensure that users are made aware of information being placed on the terminal equipment they are using." and "Access to specific website content may still be made conditional on the well-informed acceptance of a cookie or similar device, if it is used for a legitimate purpose." (meaning that unlike with GDPR, it's easier to say "these cookies are necessary, accept them or don't use this website") Full text of that 2002 directive: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL... And usual disclaimer, this is not legal advice, if you're doing anything affected by either the ePrivacy Directive or GDPR you'd do well to do one or both of getting specific advice from a lawyer with specific expertise in this area, and that if it's a personal site (or a company without the money for legal advice), better safe than sorry and better to give users more power (in terms of requiring their consent to use even cookies that might not need explicit opt-in to be legal, etc) than required rather than less. Both better in terms of liability, and in terms of ethics! |
The cookie banners people are now complaining about are literally companies skirting or otherwise breaking GDPR. Because they now have to ask for your consent before the siphon your data and sell it wholesale to the highest bidder.