EU Judgement: Storing cookies requires internet users’ active consent

jakob · 2019-10-01 21:42:30

A broadside for all those sites that assume cookie consent first and give the user the option to switch off rather than asking for consent: notice from the EU Court of Justice (PDF).

phiw13 · 2019-10-01 22:26:11

Good ! Hopefully this will propagate worldwide so that we can enjoy it as well. And hopefully, we are talking about a broad definition of “cookies”, e.g including localstorage and the like.

I’m tired of having to clear the gigabytes worth of cookies to clear up disk space (</snark>).

Thank you for flagging this.

michaelkpate · 2019-10-02 12:49:32

jakob wrote #319469:

A broadside for all those sites that assume cookie consent first and give the user the option to switch off rather than asking for consent: notice from the EU Court of Justice (PDF).

So the way I set it up on Patetech.

If the user accepts cookies, they get cookies and the pop-up goes away forever.

If the user never does anything, they never get cookies but the pop-up is always there.

If the user declines cookies, they don’t get cookies – except for one to make the pop-up go away. Which I thought was allowed under the Technical Cookie Exemption.

Now I am not so sure.

jakob · 2019-10-02 12:55:40

michaelkpate wrote #319491:

So the way I set it up on Patetech …

That’s what I do too and I think that’s acceptable. I also offer a way in the data protection details / disclaimer to reverse the decision if desired.

Another option is responding automatically to DoNotTrack, for example using jQuery cookie bar so that cookies are automatically declined. However, it looks very much like DNT is being mostly phased out :-(

colak · 2019-10-02 14:04:02

jakob wrote #319492:

That’s what I do too and I think that’s acceptable. I also offer a way in the data protection details / disclaimer to reverse the decision if desired.

Is there a way to just have a link which can delete the cookies already accepted from the domain?

etc · 2019-10-02 14:21:13

colak wrote #319494:

Is there a way to just have a link which can delete the cookies already accepted from the domain?

Some JS way?

michaelkpate · 2019-10-02 15:36:18

jakob wrote #319492:

That’s what I do too and I think that’s acceptable. I also offer a way in the data protection details / disclaimer to reverse the decision if desired.

Another option is responding automatically to DoNotTrack, for example using jQuery cookie bar so that cookies are automatically declined. However, it looks very much like DNT is being mostly phased out :-(

I hadn’t thought of that. Here is some javascript code to detect whether it is turned on or not (Coincidentally, I know Corbin as a writer for Android Police). I need to incorporate this in to the next version – If DNT is turned on, you will never see the pop-up.

jakob · 2019-10-02 15:50:47

colak wrote #319494:

Is there a way to just have a link which can delete the cookies already accepted from the domain?

My modified version of jQuery cookiebar script has a way to decline the previously accepted cookie (i.e. you know it’s name). That’s described here. On the privacy policy page, I have a block where it shows the current status (You have accepted / declined cookies) and has a button allowing you to reverse that decision.

michaelkpate wrote #319504:

I need to incorporate this in to the next version – If DNT is turned on, you will never see the pop-up.

Again, with my modified version of jQuery cookiebar, that’s described here. In the ‘automatic’ mode it simply shows a message on first visit, e.g. _ Your ‘Do Not Track’ browser settings were recognized. Tracking cookies will not be set._ and defaults to decline, but you can also check manually.

colak · 2019-10-02 17:07:59

etc wrote #319496:

Some JS way?

jakob wrote #319506:

My modified version of jQuery cookiebar script has a way to decline the previously accepted cookie (i.e. you know it’s name). That’s described here. On the privacy policy page, I have a block where it shows the current status (You have accepted / declined cookies) and has a button allowing you to reverse that decision.

Thanks so much guys. I’m currently having a look at both.

phiw13 · 2019-10-03 08:44:10

jakob wrote #319492:

That’s what I do too and I think that’s acceptable. I also offer a way in the data protection details / disclaimer to reverse the decision if desired.

I have a similar understanding of this – but I’m not a lawyer. Based on the court ruling, as long as no cookies are set before any user action, you should be OK. It is probably OK to set a session (?) cookie for those that refuse all cookies (to make the cookie overlay/warning/… go away while they walk around the site).

The suggestion to have a delete button on the privacy / tracking page is a good one.

[…]However, it looks very much like DNT is being mostly phased out :-(

Yes, DNT is gone from Safari 13, and if I’m not wrong, it will be removed from Firefox – based on some long lost tweeeter convo between WebKit and Firefox engineers. Does Chromium / Chrome ever supported it? Individual ports might, though. (google properties stomp on DNT).

michaelkpate · 2019-10-03 13:57:23

phiw13 wrote #319510:

Does Chromium / Chrome ever supported it? Individual ports might, though. (google properties stomp on DNT).

Chrome 77.0.3865.90

When you browse the web on computers or Android devices, you can send a request to websites not to collect or track your browsing data. It’s turned off by default. However, what happens to your data depends on how a website responds to the request. Many websites will still collect and use your browsing data to improve security, provide content, services, ads and recommendations on their websites, and generate reporting statistics. Most websites and web services, including Google’s, don’t change their behavior when they receive a Do Not Track request. Chrome doesn’t provide details of which websites and web services respect Do Not Track requests and how websites interpret them. – Turn Do Not Track on or off

phiw13 · 2019-10-04 02:38:19

phiw13 wrote #319510:

Yes, DNT is gone from Safari 13, […]

For the sake of completeness, Safari’s DNT implementation has been build in its ITP, which is amore powerful and versatile mechanism (turned on by default). Firefox is planning the same, I think

michaelkpate wrote #319524:

Thanks for that. At least they are kinda honest when they mention that Google properties do not pay any attention to DNT settings.

Last edited by phiw13 (2019-10-04 02:38:36)

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