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It's not about personal preference. The GDPR does not talk about a "reasonable default", but about "freely given, specific, informed and unambiguous" consent from the user. There must be a "clear affirmative act" by the user, so consent has to be opt-in.


> There must be a "clear affirmative act" by the user

... according to GDPR.

My point is that GDPR is bad (for internet users) at the very core (intent) of GDPR legislation.

I claim that it is bad for internet users to force them to make cookies decisions for every website that wants to use cookies.


> I claim that it is bad for internet users to force them to make cookies decisions for every web site.

Which EU law do you think forces this? Please can you link to it?


There's no penalty for prompting when consent is not needed, so everyone just decided to prompt of their own volition to minimize legal risk. The law doesn't force sites to prompt, but it effectively forces users to answer prompts.

See also: California's prop 65.


I wouldn't actually mind that. What does annoy me is that most prompts are heavily biased to make you give consent - e.g., declining is made a lot harder than just blanket accepting.

The reasons for those are obvious and somewhat understandable from the companies' POV. Nevertheless, I don't see how a prompt employing dark patterns constitutes free and informed consent.

As such, I'm glad this descision seem to go in the same direction.


If you want to see "hilarity" in regards to California's Prop 65, take a look at this surplus electronics vendor:

https://www.allelectronics.com/

...while not apparent on the main page (I'm sure they'll fix this in time), if you click on any item, no matter which item, there will be a little "Prop 65" warning notice, with a link to this page (rendered as a dialog):

https://www.allelectronics.com/cms/ca_warning/ca-warning/1.h...

The print catalog is even funnier, if you receive it - every single spot of a component or part has the Prop 65 warning.

Someone should print up a bunch of "Prop 65" stickers, and plaster them on everything in California (for all I know, they are already doing this).

It's all kinda absurd.


Sure, but that's different to saying the law forces you to gain opt-in consent if you use cookies.


I meant "make cookies decisions for every website that wants to use cookies" (I just updated my comment).

==========

https://eugdpr.org/the-regulation/

The request for consent must be given ...

==========


more precise: for every website that wants to use cookies and choose (or had to choose for lack of alternatives) consent as their justification for processing. Not all data processing requires consent.


Please can you paste the text that you think forces websites to gain consent for all cookies if that website uses cookies?

The site you linked is not the law, it's some kind of blog. But let's use this site: where does it say that all cookies require opt-in consent?


CNIL is intentionally vague, so I do not see a clear quote that demand consent form for cookies.

But this is what we know:

1) Almost all popular web sites, that serve EU audience - added personalization consent form.

2) This is what CNIL defines as "personalization"

---

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

---

My estimate is that over 90% of popular web sites that use cookies -- use users' "personal data" (according to this definition).

That is why I wrote "website that wants to use cookies".

I, probably, should not focus on "cookies" and focus on "website personalization" instead.

Almost all popular websites use "personal data". GDPR forces these websites to present "consent form" to users, whether users want to answer that consent question or not.

I, as a user, do NOT want to be forced to see that "consent" question on my first visit of a website, but GDPR forces me to. That is abuse of government power.


> My point is that GDPR is bad (for internet users) at the very core (intent) of GDPR legislation.

You're conflating interests of internet companies and interests of users a lot here. No doubt, this is not in the interests of internet companies - however, I fail to see how it's actually bad for users.

If you're ennerved by the cookie banners and don't care about your privacy, you're always free to click the prominent "accept all" buttons and continue like before.




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