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it would be horrible regulation if you tell how to comply instead of telling what to comply with.

as written elsewhere (since you obviously didn't read anything) your proposed solution would be just fine. But people opted out of impmenting it that way since it would yield less profit.



Show me the section of the ePrivacy Directive (Directive 2002/58/EC) or GDPR that implies the "Do Not Track" browser setting can override the need for consent banners / popups.


well, if you respect the do not track setting and therefore DO NOT TRACK, then just remove the banner. You have not obligation to tell people that you do not track because you do not track.


Are you 100% confident that you don’t do anything which could be construed as tracking by a hostile regulator? Even the official EU sites that host the relevant regulations have cookie banners, explaining (https://eur-lex.europa.eu/content/legal-notice/legal-notice....) that they can’t otherwise do basic analytics or interface persistence.


Better safe than sorry... Absolutely. If you work with a company, where you cannot guarantee that no tracking will be injected into their users computers, then you better add the disclaimer.

Also, if you feel certain, and a ready to defend in court, that practices you have on your website does not constitute tracking. Then you don't have to show the banner either.

Personally, I am much more pragmatic about these regulations - with good reason. I still have to hear about some small innocent company hit with a massive fine. Empirically speaking, it is mostly huge multinational companies with plenty of resources to manage these things down into details who have gotten fines after repeat offences.

All in all. If you assume malicious regulators, then it is going to be stressful to work in a market. From US influence, I also do understand the sentiment, though it is rarely mirrored with EU citizens who generally don't assume hostile regulation.


DNT wouldn't work, but a hypothetical "yes, please feel free to track me" setting would, if standardized by browser vendors and implemented appropriately (i.e. ensuring user consent).




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