Remember when HN used to have somewhat informed users? The trite cookie popups have nothing to do with GDPR, this has been repeated ad nauseam...

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jshmrsn 4 minutes ago | parent | next [-]

Well, I am trying to inform myself because I did understand the cookie popups to be connected to GDPR. As far as I can tell from my reading, your assertion that "cookie popups have nothing to do with GDPR" is not true.

From my reading, it seems that while cookie permissions first became an explicit EU law concept in a 2009 amendment to ePrivacy Directive (not GDPR), companies were able to get away with passive consent banners (not popups).

It was GDPR's new definition of consent which then retroactively strengthened the existing ePrivacy Directive cookie consent to explicitly require user action to give consent (i.e. popups, banners large enough to push users to interact with them, etc.).

Unless your point is that GDPR has nothing to do with popups because the companies could just not use non-strictly-necessary cookies and therefore not need a popup, but I think that's a stretch to jump from there to "nothing to do with GDPR".

https://gdpr.eu/cookies/

https://wp-gdpr.eu/gdpr-cookie-consent-2026/

https://eulawanalysis.blogspot.com/2022/01/consent-and-cooki...

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jstummbillig 30 minutes ago | parent | prev | next [-]

GDPR (and ePrivacy before that) requires valid prior consent where optional tracking is used. A site using only technically necessary storage can simply have no consent banner. A business wanting advertising and analytics trackers generally needs some consent interface.

"Not a requirement under GDPR", yes, but certainly not "nothing to do with GDPR". It directly has to do with GDPR, in conjunction with business' decisions and how to comply with the law.

And of course, we can then argue our faces off about what's good and necessary in the world, in businesses and data protection, but saying it has nothing to do with it is just wrong.

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DarkNova6 33 minutes ago | parent | prev | next [-]

This being downvoted speaks saddens my heart... and proves the exact intent of the message.

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dgellow an hour ago | parent | prev | next [-]

It’s insane how that misinformation doesn’t want to die. In 100y we will still have people repeating that we get popup because of gdpr, and nobody will know what a popup or gdpr is

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Retr0id an hour ago | parent [-]

Is it really misinformation? The popups may largely be a result of misunderstandings or malicious compliance, but GDPR has a causal relationship regardless of the intent.

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inigyou 30 minutes ago | parent | next [-]

When the city writes an ordinance saying chemical factories must have fire alarms I do not blame the city for the fire alarm noise.

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Retr0id 20 minutes ago | parent [-]

I would however blame them if they wrote an ordinance that was widely misunderstood to mean that someone had to knock on my door each day to make sure I knew the local chemical factory had a fire alarm.

	▲	inigyou 3 minutes ago \| parent \| next [-]
		If the chemical factory sets themselves on fire every day to set off the fire alarm to annoy me to pressure me into removing the fire alarm law, I still blame them.
	▲	buran77 6 minutes ago \| parent \| prev [-]
		> widely misunderstood Moments ago it was "misunderstandings or malicious compliance". Did you misplace one on your apologetic quest? I'm really trying not to assume the worst about you. Is there any reason you insist so much on giving the benefit of the doubt to every law breaker out there? Especially when we're sometimes talking about very deep pockets who can afford lawyers?

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buran77 17 minutes ago | parent | prev | next [-]

> a result of misunderstandings or malicious compliance, but GDPR has a causal relationship regardless of the intent.

You can extend causality as far as you want if you're willing to sound like this in the open. If there were no cookies, there'd be no banners. There, found you a new target.

So on one side you have decent regulation that tries to balance the interest of the user without over regulating and becoming too prescriptive, and on the other side you have abusers who most of the times are actually in malicious non-compliance... and you find a way to blame the regulation.

Good thing it's in the rules that HN is not Reddit.

	▲	Retr0id 9 minutes ago \| parent [-]
		If you think I'm opposed to GRPR, you are mistaken.

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watwut 30 minutes ago | parent | prev [-]

Popups have nothing to do with GDPR. They are reaction to Privacy and Electronic Communications Directive which predates GDPR.

And yes, it is deliberate misinformation.

	▲	Retr0id 14 minutes ago \| parent [-]
		Cookie popups pre-date GRPR, but find it hard to believe the uptick in popups that happened around May 2018 was in response to legislation from 2003.

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watwut 34 minutes ago | parent | prev [-]

This is heavily downvoted ... and still accurate.