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Re:Stop whining about “The EU Cookie Policy” and improve you... by janosdebugs on Friday April 14, 2023 @06:56AM (#35567966)
This seems to conflict with the ePrivacy directive:

> Where such devices, for instance cookies, are intended for a legitimate purpose, such as to facilitate the provision of information society services, their use should be allowed on condition that users are provided with clear and precise information in accordance with Directive 95/46/EC about the purposes of cookies or similar devices so as to ensure that users are made aware of information being placed on the terminal equipment they are using. Users should have the opportunity to refuse to have a cookie or similar device stored on their terminal equipment.

Re:Stop whining about “The EU Cookie Policy” and improve you... by germanier on Friday April 14, 2023 @06:59AM (#35567993)
It's not in force yet, not even passed.
Re:Stop whining about “The EU Cookie Policy” and improve you... by illiarian on Friday April 14, 2023 @07:09AM (#35568082)
ePrivacy predates GDPR, and is in effect.

However, it still doesn't require a banner.

Re:Stop whining about “The EU Cookie Policy” and improve you... by germanier on Friday April 14, 2023 @07:16AM (#35568141)
Yes, you are right. I was was confusing it with the ePrivacy regulation which still is in the works. The above text is from the directive though.
Re:Stop whining about “The EU Cookie Policy” and improve you... by kilburn on Friday April 14, 2023 @01:42PM (#35572348)
Your quote is from the 2002/58/EC directive, which is amended by directive 2009/136/EC [1]. The latter says :

> (66) [...] Exceptions to the obligation to provide information and offer the right to refuse should be limited to those situations where the technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user. Where it is technically possible and effective, in accordance with the relevant provisions of Directive 95/46/EC, the user’s consent to processing may be expressed by using the appropriate settings of a browser or other application. [...]

Hence, so long as the use of cookies or similar is strictly necessary for the specific service requested by the user, a website doesn't have the obligation to obtain their permission.

[1] https://edps.europa.eu/sites/default/files/publication/dir_2...