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Re:Ask HN: A way to adblock “we're using cookies” popups? by belorn on Monday June 15, 2020 @06:28AM (#23525833)
We can look to the GDPR text itself to answer that. Is the cookie there in order to create a profile with other information in order to identify a natural person. If yes, then the company is required to treat that cookie identifier with the same care and requirements as other sensitive personal data like social security numbers, passport numbers, personal ID numbers, and so on.

Law is fuzzy by nature, but it seems pretty clear that a shopping cart cookie is exempted from needing consent. Functionality of services that are expressly requested by users do not need consent, and in this case we have users that want to put items inside a cart in order to buy it. If that creates a profile on the server, and that profile is combined with other information, and then used outside the scope of the customer relationship, then we are moving into the area where consent is needed.

We can draw a parallel to data collected offline. A person go to a store and talk to a sales representative about buying a product and having it shipped home. At what point do the sales person need to ask for GDPR consent? The answer is likely the point where the sales person saves a profile of that customer on the computer, and the profile is intended to be used outside the context of that purchase.

Re:Ask HN: A way to adblock “we're using cookies” popups? by Jaruzel on Monday June 15, 2020 @06:50AM (#23525974)
Thank you - clear breakdown there!