alt Hacker NewsThe law does not say 'tracking'. It says 'strictly necessary'. If you remember the user's light/dark theme preference in a cookie, that requires notification. (Or rather, what it requires in practice is that you hire a Highly Paid Consultant.)
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Okay, but it doesn’t require notification for every user that hits your landing page.
If you want to remember dark mode with a cookie, then you can just gate that setting behind a “allow functional cookies” toggle.
Getting consent for functional cookies doesn’t have to be done with an intrusive cookie bar on landing. You can request consent as it becomes needed. There’s other ways of complying that aren’t dark patterns.
OK, so don't do that. Web sites work fine without remembering anonymous users' preferences across sessions.
Nonsense.
You are correct that people keep stating such things. But it is incorrect.
That example would be an essential cookie, also known as a strictly necessary cookie.
A shame this FUD is still being spread.
No, it doesn't. If it's reasonably expected as part of the service, you don't need to gather consent. It's not even personal data.