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Maybe stop doing stupid shit that will legally require you to inform users that you're about to sell/share everything you know about them to 3rd parties?

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.

> 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.

What I always find funny about this, is that the popup is presented with "We value your privacy", followed by "allow us to share data with >500 partners".

I wished that such statements had some value greater than nil.

The vast majority of websites just want to know where their visitors are coming from and, if they are selling a product, some aggregate level of demographic knowledge to tailor their marketing efforts. They really don’t care about an individual or even small cohort and aren’t selling the data on.

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.

Presumably the partners are brought in en masse via some third party brokerage/aggregator service.

It's not like a news site is selecting and managing 1500 different partners individually.

> Maybe stop doing stupid shit that will legally require you to inform users that you're about to sell/share everything you know about them to 3rd parties?

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?

Stop using Google Analytics and your need to place cookies and thus need for cookie popups vanishes.

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.

They mostly use it to monitor (and automate) how successful ads are. Plausible is not a drop-in replacement for such use cases.
Hey, just some background from someone who took part in a couple of privacy compliance projects at large platforms in the past:

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.

The cookie policy is a stupid value-signalling stunt with only negative real-life effects. The correct way of handling the problem would have been through request headers and browser settings, or simply, use the existing option of either allowing or disallowing cookies, and put this option on a per-site basis and a bit more into the users face..
> only negative real-life effects

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:

https://www.rejestr.uokik.gov.pl/

Request headers aren't going to do anything. Browser settings, maybe. If browsers were not owned by advertising companies, they'd just disallow this tracking and that would be the end of it.
Besides cookies, there are tracking methods based on fingerprinting, IP and so on. None of them are permitted without explicit consent. This means that a site may not load resources from a third-party server without consent, since the request itself reveals enough information for fingerprinting and tracking.

Tracking is plainly not permitted without consent.

The request headers are already there. It's the DoNotTrack header.
> The cookie policy

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...

? You now have a one click button to refuse most of tracking on compliant website and this include Google.

Fail to see how it’s value-signalling ...

When I'm on my phone and a website shows the ads popup, I open it in Brave, which just blocks everything. That's the current implementation of "do not track" settings.
The Do Not Track header was immediately used by the industry to fingerprint and track users.

GDPR isn't about cookies, or browsers.

GDPR compliance can be implement many ways, starting with not collecting data in the first place. Even if data is collected and sold it is still both possible and arguably even easier to implement GDPR compliance without cookie pop ups.

However, we have codecamp graduates gluing left-pad modules together until something works instead of engineers building websites and it shows.

Please stop - selling our data to advertisers.
For that to work users have to spend money on their services. I hope that will happen in the future, but until then it is hard to compete with free services that has ads.
> it is not legally required to provide the service if a user declines tracking cookies. The site can simply not provide functionality. So in many cases, its not really a choice – the choice is either not to use the site, or consent to tracking.

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.

Unfortunately that (quoted) line is incorrect see this page by the dutch privacy authority: https://www.autoriteitpersoonsgegevens.nl/en/themes/internet... It is based on this 2019 ruling also by this same authority (unfortunately only available in dutch) https://www.autoriteitpersoonsgegevens.nl/documenten/normuit...

While this ruling does not specifically only use the ePrivacy directive (it is instead based in GDPR), laws do not exist in a vacuum.

Cookie banners are a great reason for expirations dates on new policies. If it works: Great, renew it! If it does not work, is not required anymore or was just plain stupid: Never talk about it again and it will run out. But who will actively admit that regulation failed and work to undo it?
Cookie banners is not a policy, it is used to work around a policy, and often implemented incorrectly. GPDR says you need to be given a specific informed decision, but often cookie banners show a big green approve button, and a less positive deny button (if that is even the case). When the law is being enforced better (Which is slowly happening) those cookie banners should get 2 the same looking buttons, and that would result in more denies. Hopefully, companies would realize that they need to solve their marketing differently.
Malicious compliance gets the website two benefits: 1) Annoying the customer enough with the popups might net a permission to track from an user who originally did not want the cookies 2) Making the cookie banners as frustrating as possible increases the political pressure against the EU, hopefully leading to them repelling the anti-tracking legislation

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

> Enact a law that requires a service to respect the do not track signal from a browser (currently entirely voluntary), and not store any tracking cookies, clear gifs or other trackers – and require that a site not “discriminate” against users who elect no tracking – basically – provide all functions to users whether they consent or do not consent.

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.

Also, for those of us with vision issues (or just want to zoom in a lot on a webpage), these popups look horrible at 150%-200%, and often get misrendered in strange ways, sometimes hiding the button. Then if you actually try to reject it, if you can, the rejecting or customizing page is nearly always broken when zoomed in.
uBlock Origin has cookie notice filters. I don't think this is enabled by default; you can enable it in the Filter Lists section, along with "annoyances".
By far, my favorite feature in iOS 18 is Safari’s “hide distracting items” feature. It lets you permanently hide the cookie popups on a per site basis. And the annoying google sign in popups, and the annoying scroll down popups.
The future 2 years down is cookieless anyway.¹

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.

¹ https://en.wikipedia.org/wiki/Third-party_cookies

The larger lesson here is this is what happens when governments try to regulate things they don't understand. Cookie popups just add friction, and it's not clear consumers see any real privacy benefit. What's even worse is people seem to not care that the policy isn't working, but they aren't telling lawmakers to fix it.
Interesting article. This policy has felt like a complete failure, but I didn't know the depths of how badly it has failed.

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.

Why would they stop?

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!

I've come across a few websites that have cookie controls that don't do what they say they do when I manually examined them. E.g. still using analytics

Are there any tools to check websites to see that they do what they say they will do? Or is it a manual thing?

Global Privacy Control, basically a legally binding Do-Not-Track header, is already the law in California, I don’t understand why the EU is dragging its feet on making it mandatory to comply with.
Please stop using full justify text layout on your website.
The way to reduce cookie banners only depends on a small tweak by google. If you give people the choice between SEO and legibility, they will choose SEO.
I love the “long press to preview” feature in mobile web browsers. But now all I get to preview is the cookie pop up! EU, pls fix.
I think its ironic for these pop-ups to frequently only offer "accept necessary" or "accept all"...
> If a site does comply with the notice and consent requirements, it is not legally required to provide the service if a user declines tracking cookies.

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.

So... Abolish all the EULAs?
If you do not collect my data outside for what is strictly needed, then all is good. Remove analytics, recaptcha, embedded youtube, google cdn and any other things you do not actually need to run your product. And collect only the info you need (and nope, you really do not need my address or phone number unless you ship physical goods, so why are you getting it?). You probably do not need my email address besides for spam (forgot password is not a thing; either use one of the oauth providers, or hash the email and let the user enter it; if it matches you can send the email).

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.

This doesn't read quite right to me. Maybe I missed something.

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.

So, the problem with this is: the law. If you use session management: GOOD NEWS GDPR AND CPPA UNDER PENALTY OF THE COURTS DEMAND YOU INFORM USERS and if you know a better way than an intrusive "accept this before you can continue" by all means pipe up but the problem is overbearing laws, not "people following them". The law requires that you disallow access until people tell you their position on your handling of their personally identifiable information and welcome to modern web dev hell. If you don't like it, hell has done its job.

Both Europe and California consider IP addresses PII and this is the result.

So, suppose I run websites. Actually I do and I have cookie banners on all of them - but only for users with EU IP Addresses.

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.

>"Almost every major website you visit today pops up a banner to warn you that it uses “cookies.” This is not legally required in the U.S. or in most places, and where it is, the vast majority of sites do not comply with legal requirements."
me and my 486 partners agree