[wskinner]

> The mistake the EU made was to not foresee the madness used to make these decisions.

It's not madness, it's a totally predictable response, and all web users pay the price for the EC's lack of foresight every day. That they didn't foresee it should cause us to question their ability to foresee the downstream effects of all their other planned regulations.

[gond]

Interesting framing. If you continue this line of thought, it will end up in a philosophical argument about what kind of image of humanity one has. So your solution would be to always expect everybody to be the worst version of themselves? In that case, that will make for some quite restrictive laws, I guess.

[wskinner]

People are generally responsive to incentives. In this case, the GDPR required:

1. Consent to be freely given, specific, informed and unambiguous and as easy to withdraw as to give 2. High penalties for failure to comply (€20 million or 4 % of worldwide annual turnover, whichever is higher)

Compliance is tricky and mistakes are costly. A pop-up banner is the easiest off-the-shelf solution, and most site operators care about focusing on their actual business rather than compliance, so it's not surprising that they took this easy path.

If your model of the world or "image of humanity" can't predict an outcome like this, then maybe it's wrong.

[gond]

> and most site operators care about focusing on their actual business rather than compliance,

And that is exactly the point. Thank you. What is encoded as compliance in your example is actually the user experience. They off-loaded responsibility completely to the users. Compliance is identical to UX at this point, and they all know it. To modify your sentence: “and most site operators care about focusing on their actual business rather than user experience.”

The other thing is a lack of differentiation. The high penalities you are talking about are for all but of the top traffic website. I agree, it would be insane to play the gamble of removing the banners in that league. But tell me: why has ever single-site- website of a restaurant, fishing club and retro gamer blog a cookie banner? For what reason? They won’t making a turnover you dream about in your example even if they would win the lottery, twice.

[troupo]

> Compliance is tricky

How is "not selling user data to 2000+ 'partners'" tricky?

> most site operators care about focusing on their actual business

How is their business "send user's precise geolocation data to a third party that will keep that data for 10 years"?

Compliance with GDPR is trivial in 99% of cases