You're correct under the GDPR but incorrect under the older ePrivacy Directive. EU sites need to be compliant with both, and so the cookie banners persist.
> The Directive provision applicable to cookies is Article 5(3). Recital 25 of the Preamble recognises the importance and usefulness of cookies for the functioning of modern Internet and directly relates Article 5(3) to them but Recital 24 also warns of the danger that such instruments may present to privacy. The change in the law does not affect all types of cookies; those that are deemed to be "strictly necessary for the delivery of a service requested by the user", such as for example, cookies that track the contents of a user's shopping cart on an online shopping service, are exempted.
Language preferences are (in all of the deployments I've seen) legally categorized as functional cookies and not strictly necessary cookies. Same with e.g. dark mode/light mode or other preference toggles
The wording is annoying, but no. I’ve received legal advice on this topic. Functional cookies are not strictly necessary. It seems very backwards but it’s how the industry currently treats things.
Read: https://gdpr.eu/cookies/ …after you dismiss the cookie banner, of course. I add this not only as a quip but to highlight that even a gdpr explainer website which you’d expect isn’t doing the evil thing of tracking users, has interpreted the relevant laws such that it finds it necessary to promt the user in order to simply explain the gdpr and epd/epr…
I did, I quoted stuff from it, but you are not helping. You should quote the things relevant to the point your are making. Especially when you notice people are not picking up. You also keep saying that gdpr is not EPD, but your link is short on details about this and with this point, you lead me to seek information in sections that are irrelevant.
But I see what you are saying now. That page lists the different purposes, including preference cookies (which include language preferences) and strictly necessary cookies, and I know asking consent is not necessary only for strictly necessary cookies (this page says it, I quoted that part earlier).
If that page is right, you are right and I was wrong. Thanks for persisting.
Well, that would be a shame, and that probably would explain why cd.cz makes me pick English each time I visit. I was assuming they could just save this preference in a cookie, but they obviously wouldn't be able to since I didn't provide consent, since I hide the cookie banners and they don't ask for consent later when needed.
I guess it it safe to ask consent in doubt, but I'm not yet convinced the language cookie cannot be considered strictly necessary. How can you correctly provide a requested service to a user if you don't use a language they understand, and how storing the language is not for fulfilling an explicit request from them?
