Re:Automating cookie consent and GDPR violation detection
by hugoroy on Monday March 21, 2022 @05:48PM
(#30760144)
You're quoting the 2002 adopted text's recital.
This is outdated.
The relevant bit about consent and cookies was added in 2009, with directive 2009/136 modifying article 5(3) of directive 2002/58.
So all you're saying about legitimate interests etc. is wrong since 2011 (2009+2 years allowing for Member States implementation in national law)
If you are not storing data on your users machines or just do so for legitimate purposes, you should not have a need to ask for a users consent and thus don't have any need a cookie banner.
The issue here is, that many people running websites just don't know what they are storing and how. Just slapping a cookie banner on that bad boy and calling it a day won't work either, because you have to list the purposes of these cookies. If you don't know why your weird wordpress template loads a cookie, maybe it is time to change it (or alternatively: change your profession).