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Discussion (14 Comments)Read Original on HackerNews
How many fields obscure the form of payment, the amounts, the methods when you purchase a good or service? You're oversimplifying and glossing over the real issues.
If it was as simple as "you must pay" and nothing else mattered, then any form of payment would be justifiable.
Otherwise it'd be so blatant loophole, you can only use cookies for their intended purposes and not reuse for them other purposes. I remember some details when i needed a way to prioritize user traffic via cookies, since lots malicous traffic dont have cookie storage, as long i didnt retain the cookie ID used for load balancing, as all information would be lost on reboot of haproxy process. I didnt need cookie prompt, but if i also used that for other purposes like visitor tracking, then I'd need cookie prompt even before setting the cookie.
Im not lawyer, but thats how I understood.
If you are tracking people without a lawful basis (e.g. consent), you are violating the GDPR. It doesn't matter if you use cookies. (The article does mention this towards the end.)
"This buys you nothing. Article 5(3) of the ePrivacy Directive".
They clearly have a product to sell but the article seems balanced and offers a good list of commonly used/proposed techniques that are not quite compliant.
As you alluded, there're more lawful basis than consent, one of most common ones being technical necessity to mitigate abuse.