You should still be able to avoid a banner by having a footnote below the “add to cart” such as “we’ll set a cookie to remember this according to our cookie policy [link]”?
>> You should still be able to avoid a banner by having a footnote below the “add to cart” such as “we’ll set a cookie to remember this according to our cookie policy [link]”?
would count as consent under EU standards. I thought consent had to be indicated unambiguously. Clicking an "add to cart" button only unambiguously indicates that the user wants to add the item to their card, not that they are consenting to (or have even noticed) some footnote below the button.
There are much bigger breaches of the GDPR/ePrivacy out there and entire businesses built upon them and they keep operating in total impunity.
Part of what's confusing here is that "first party" and "third party" are being used in a technical sense to mean which domain the cookies are set on. If on an example.com page JS from example.net causes a cookie to be set on example.com that's "first party", while if the cookie is set on any other domain that's "third party".