alt Hacker NewsHaving worked at multiple companies and talked to multiple legal teams about this, they tend to be very conservative. So the guidance I've gotten is that if we store any information at all on the person's computer, even to know whether they've visited the site before, we still need a cookie banner.
Basically, the law created enough fear among the lawyers that software developers are being advised to include the cookie banner in cases where it isn't strictly needed.
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If I see a cookie banner I often bounce.
You'd have much better retention rates if you don't cover up the content the viewer is trying to view.
How would you like it if I shoved a banner in your face the moment you walked into a store and forced you to punch a hole in it in order to view items on the shelves?
So? You're not arguing that we should get rid of 'reasonable' laws out of misinterpretations of them, are you?
> even to know whether they've visited the site before
So uh, don't do that.
You don't need to notify if you use cookies for required functionality like login sessions or remembering a functional setting.
If you're tracking whether they're returning or not your activity is exactly the kind of behaviour the rule is covering because, in legal terms, it's skeezy as fuck.
But it should not be obnoxious, look at steam how is a small banner with two simple actions, vs all other cookie banners.