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Re:German court declares Do Not Track to be legally binding by joking on Tuesday October 31, 2023 @04:54AM (#38081907)
and what you do if the user gives consent and still send the DNT header?
Re:German court declares Do Not Track to be legally binding by geocar on Tuesday October 31, 2023 @05:20AM (#38082107)
You either have consent or you do not. Mixed signals do not permit you to err to your benefit.

EU courts have already ruled that "cookie banners" that are too-confusing aren't considered consent.

Re:German court declares Do Not Track to be legally binding by xxs on Tuesday October 31, 2023 @05:00AM (#38081955)
the latest date consent given (or taken away) takes precedence, consent requires an clear&affirmative action, so if that part can be recorded - do as you please.
Re:German court declares Do Not Track to be legally binding by esperent on Tuesday October 31, 2023 @05:52AM (#38082359)
I guess the person above you means what if someone clicks "accept" on the cookie banner but also has DNT turned on.

To which I'd say: they shouldn't even see the cookie banner in that case. DNT alone is enough.

Re:German court declares Do Not Track to be legally binding by IggleSniggle on Tuesday October 31, 2023 @09:38AM (#38084619)
Yup. If I'm going around my daily business wearing a shirt that says, "no sex for me, please!" Then please do not come up to me and say, "but, would you like to have sex with me?"

And if I say "yes, actually, even though it was very rude of you to ask, given the shirt that I am wearing...in fact, I would like to have sex with you," then you should at least have the decency to wait for me to take my shirt off before having sex with me.

If I decide it's really not worth the effort to take the shirt off, then it turns out, actually, no, I really did not want the sex after all.

Re:German court declares Do Not Track to be legally binding by esperent on Tuesday October 31, 2023 @10:20AM (#38085265)
This is the best analogy I've heard in a while, thank you.
Re:German court declares Do Not Track to be legally binding by c4mpute on Tuesday October 31, 2023 @05:53AM (#38082365)
Would be irrelevant, because the DNT-header will be sent with every request, so for all practical purposes will be later than any other kind of consent.
Re:German court declares Do Not Track to be legally binding by xxs on Tuesday October 31, 2023 @08:03AM (#38083471)
There can be a case where the end user (person), logs on the site - then sets a permission/consent to be 'tracked' (whatever), then a cookie/localstore persists - so the DNT is not relevant.

Consent/tracking doesn't mean solely 'cookie' banners.

Re:German court declares Do Not Track to be legally binding by c4mpute on Tuesday October 31, 2023 @08:56AM (#38084093)
No. Ambiguous consent is no consent. And continuing to send DNT is ambiguous, because the tracker can not distinguish between intent and accident.
Re:German court declares Do Not Track to be legally binding by naniwaduni on Tuesday October 31, 2023 @05:58AM (#38082395)
Does it become harder to figure out when your salary depends on not understanding it or something?
Re:German court declares Do Not Track to be legally binding by Lutger on Tuesday October 31, 2023 @07:22AM (#38083086)
I guess it is. This conversation reminds me of the classic Tea Consent video, explaining the concept of consensual sex: https://www.youtube.com/watch?v=oQbei5JGiT8