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> it is not legally required to provide the service if a user declines tracking cookies. The site can simply not provide functionality. So in many cases, its not really a choice – the choice is either not to use the site, or consent to tracking.

to be fair that is the choice. And ideally, the invisible hand would show that this is a horrible idea and cause a huge spike in traffic, but alas.

I think "stop putting popups cookies" on websites is an extreme stance, but I agree we could use fine tuning on the little things to help keep the spirit of the law. It should indeed be opt-in and not "ask for forgiveness". And it should adhere to current compliances.



Unfortunately that (quoted) line is incorrect see this page by the dutch privacy authority: https://www.autoriteitpersoonsgegevens.nl/en/themes/internet... It is based on this 2019 ruling also by this same authority (unfortunately only available in dutch) https://www.autoriteitpersoonsgegevens.nl/documenten/normuit...

While this ruling does not specifically only use the ePrivacy directive (it is instead based in GDPR), laws do not exist in a vacuum.




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