I fail to understand companies that display page after page of cookies and tracking stuff for you to approve don't see the issue with their actions or the insanity of "allow us to share data with our 1500 partners". Does no one in these business look at this and go: "Hey, why do we need 50 different tracking tools" or "Why do we share customer data with over a thousand other businesses?".
When you actually read what these pop-ups says, then you understand why they are there, and why the problem with the laws isn't that it's annoying, but that it is not much more restrictive.
Worse, people (including on HN) actively blaming the EU for it. It’s like having a law mandating people are informed when there’s poison in their drink, then seeing people complain about the warning labels everywhere. The label isn’t the problem! As you said, if anything the issue is that the law isn’t aggressive enough.
I wished that such statements had some value greater than nil.
Targeting advertising is sooo much more effective for small and medium sized businesses and actually makes many businesses viable in a way they weren’t in the past.
The ideal solution would be to find a way for businesses to get those insights in a way that preserves privacy at the individual level. Something like apples differential privacy system but web wide.
It's not like a news site is selecting and managing 1500 different partners individually.
Why? It's legal and extremely lucrative.
If it's really an issue, maybe the EU could actually limit these activities instead of just forcing sites to put a notification that they are attempting to engage in those activities?
Goatcounter or Plausible will do fine. Some decent frontend log parsing will also be a viable strategy.
Stop feeding Google your customers data for free.
For companies doing this the right way, the banner was just the tip of the iceberg, loads of work went into ensuring compliance behind the scenes, so customer and employee data was not shared with 3rd parties unknowingly. In one case the list of 3rd parties went from +400 to about 70, this is in my opinion a win for privacy, the culture around sharing your data went from casual to cautious.
Secondly, the culture around trusting meta and google blindly with behaviour data changed drastically. Businesses became aware of how much valuable data they share with these platforms, which actually puts them at great risk, should you really give these platforms detailed data on what customers browse and buy on your site, so they can use the data to sell targeting for competitors, or direct users towards their own shopping platforms?
So, yes the law is not perfect, we all hate the banners, but at least what happened in those early implementation days when the banner became law, was a change in culture around how data was shared and a better understanding of the risk for the business of using 3rd parties.
Almost. It hardly worked as intended, but at least it increased awareness. The fact that some sites tried to comply and actually provided a full list of all sites that they sell your private data to is somewhat a win. It got to a lot of wider public that realized "they sell it to 97 companies?!".
I personally think local governments or EU wide institutions should have a registry of companies and their sites with ratings, so we could integrate that directly in our browsers, company registries, phone dialer apps. iFixIt style.
- Clarity of EULA: 1/10, impossible to understand without lawyer's interpretation.
- Length of EULA: 1/10, pops up every week with no diff or summary of changes
- Legality: 4/10, historical track record of rules that are not compliant with local laws of xxx
- History: 1/10, no way to track what were the previous versions of the document or when they changed
- ...
EDIT: to give some context and prove it's possible to provide metrics to legal documents, in Poland we have a formal "Registry of Forbidden Clauses" with references to lost court cases:
Tracking is plainly not permitted without consent.
No. It isn't a "cookie policy".
The GDPR states I must give a specific opt-in approval to provide my personal data and allow it to be passed on.
You can use as many cookies as you like, but if you want to track me personally (advertisers take a bow) then you need my specific consent to do so. And so you should.
I'm amazed I have to keep explaining this to American web designers who should know better. This has been law in the UK and EU for quite some time now and is a prerequisite to doing business here.
The GDPR is a bloody good law. It makes the gathering of unnecessary personal data a liability, as it should be. See here: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-re...
Fail to see how it’s value-signalling ...
GDPR isn't about cookies, or browsers.
However, we have codecamp graduates gluing left-pad modules together until something works instead of engineers building websites and it shows.
to be fair that is the choice. And ideally, the invisible hand would show that this is a horrible idea and cause a huge spike in traffic, but alas.
I think "stop putting popups cookies" on websites is an extreme stance, but I agree we could use fine tuning on the little things to help keep the spirit of the law. It should indeed be opt-in and not "ask for forgiveness". And it should adhere to current compliances.
While this ruling does not specifically only use the ePrivacy directive (it is instead based in GDPR), laws do not exist in a vacuum.
There's no upsides for a website from providing an easy "Never track me" button, or just not using analytics cookies - you don't have to put up cookie consent banners for technical cookies used to save e.g. light/dark mode preference
This is indeed the obvious solution. I don't understand why the EU didn't mandate the do not track flag to be obeyed. I know some browsers already removed it but that was because nobody bothered to obey it. As soon as it can be mandated it will be useful and come back quickly.
Also, there was criticism from the advertising industry that the do not track was on by default but that's how tracking should work in the EU anyway: opt in.
By not doing this the EU keeps getting flak for the many cookie walls.
I'm afraid that these banners, because these are called "cookie banners" and not "consent to us using your data and giving it freely to other companies banners", will just go away, people (& companies) will be happy, and the consumer stays a fool.
I would really like to see these die. Regulators should just work with browser vendors to make an API that I can set at the browser level, and websites just read that to know my preferences and leave me alone.
Most users are now giving explicit consent to be tracked! What a dream! Before, they had to worry about legal grey areas!
Now the legislation says it's fine, as long as they click "OK". Which almost every user does because they are tired and annoyed by the pop ups.
Thank you legislators!
Are there any tools to check websites to see that they do what they say they will do? Or is it a manual thing?
That's simply not true. In order for consent to be valid under GDPR, the service should operate normally if you decline tracing cookies. Otherwise it's considered a "forced consent" and is not valid.
Then you don't need cookie banners or gdpr consent popups. It is not that hard. But you want to screw your clients for profit, I know, in that case, you need them or get fined. Which you should be for misusing my information/behaviour and privacy. Nothing good did come of ad tracking, user fingerprinting and data selling, so I wish you many fines.
Under the GDPR sites are emphatically NOT allowed to deny service over rejecting cookies.
Iirc the only valid options are providing a paid alternative or blocking service to the entire class of GDPR covered citizens.
Both Europe and California consider IP addresses PII and this is the result.
Here's the twist: Good news is (for me), I can[1] track and do whatever I want with any other IP address. You visit my site? Well, thanks to nobody else I care about having GDPR-like regulations in place, I can make sure I'll not only track you down and display ads across all advertiser networks, feed them your visit in all imaginable and unimaginable ways, but I can do it in such a targeted way that it's borderline scary. I can literally use any information you gave me on my websites, like your name, your location, proximity to anything. And if I can't then the advertiser can. And in the case of that particular lawsuit mentioned in the article, collecting all user consents, their IP addresses, and basically which websites they visited, its like a gold mine for advertisiers. If it isn't one yet, it can be turned into one with the click of a button.
It's like that one case a few years back, where a health insurance company bought a bank and started closing bank accounts from people they knew were risk patients.
Simply connect the dots...
GDPRs promise was to make it harder to do so. It wasn't the plan to annoy the hell out of everyone with banners. The whole idea was to not allow tracking unless you opted in, because quite frankly, its scary.
And no, I'm not a fan of GDPR or overregulation. But in reality, there hasn't been any tech I've come across that really protects the non-technical internet users at large. There's uBlock and plugins, but not installed by default or built into standard mobile browsers. Apple might be close for regular consumers to stop the excessive tracking and companies like FB really hates them for it (for good reason, it costs them big $$). Google will never shoot their own foot by integrating non-tracking tech into any of their products.
So, no, my opinion is don't stop that darn annoying cookie pop-ups unless you also stop the tracking. If you stop the tracking, remove the cookie pop-up. As easy as that.
[1] I don't do it, but I could. I'm not a reckless psycho-marketer.