Re:Automating cookie consent and GDPR violation detection
by lbriner on Monday March 21, 2022 @12:09PM
(#30755747)
I'm not sure it's malicious compliance. When you are threatened with massive fines for non-compliance but you aren't told explicitly about how to solve it other than, "A cookie notice would be a way of complying", everyone will use a cookie notice.
Re:Automating cookie consent and GDPR violation detection
by Nextgrid on Monday March 21, 2022 @12:28PM
(#30756047)
Bad news: those notices will do nothing to mitigate the fines, and might in fact even increase them if those notices pressure or trick users.
Good news (for the companies): GDPR enforcement has and continues being laughable, so you don't have to worry either way.
Re:Automating cookie consent and GDPR violation detection
by ratww on Monday March 21, 2022 @09:57PM
(#30761988)
Modern cookie banners definitely are malicious compliance and most certainly are also violations of the GDPR.
All those companies could use less invasive methods of asking for consent, such as optional checkboxes in signup forms. Or a non-intrusive "click here to opt-in to tracking". The reason they don't do it like this is because they prefer forcing users to click "Accept All" using dark patterns.
Anyone complaining about shitty cookie banners is actually complaining about companies breaking GDPR.
Popups in no way GDPR's fault. The law does not mandates them.
Instead, it's a form of malicious compliance. Companies pester visitors with popup banners that are almost always unnecessary.
E.g. GDPR allows essential cookies e.g. a login cookie containing an encrypted token without any popup. If you want to notify users about it for extra safety you can show a little privacy notice on the login form. No need for popups.