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by 1718627440
27 days ago
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> 8. When authorities were asked whether they would consider that a banner which does not provide for accept and refuse/reject/not consent options on any layer with a consent button is an infringement of the ePrivacy Directive, a vast majority of authorities considered that the absence of refuse/reject/not consent options on any layer with a consent button of the cookie consent banner is not in line with the requirements for a valid consent and thus constitutes an infringement. Few authorities considered that they cannot retain an infringement in this case as article 5(3) of the ePrivacy Directive does not explicitly mentioned a “reject option” to the deposit of cookies. https://www.edpb.europa.eu/system/files/2023-01/edpb_2023011... Also the law doesn't require anything to be done by the user to reject cookies, to begin with, as that is the default state. I often just delete the cookie dialog from the DOM. |
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It’s a useful guide on how the law is likely to be interpreted, and likely influences the interpretation itself, but my inner pedant is not satisfied.