incloud

The cookie banners we see now are attempts to avoid the law not comply with it. The e-Privacy Directive (there has never been an "EU cookie law") simply required that users give their consent to intrusive access to their "terminal equipment" i.e. their devices or browsers. This is a simple requirement meant to give people a choice on whether tracking cookies, malware etc. are installed in their devices. The UK's ICO validated the idea of "implied consent", after it was dreamed up by the corporate lobbyists (almost 10 years ago) trying to defuse the legislation. Although the original ICO guidance said that sites should offer the ability to revoke consent, and tracking cookies especially not stored until after information on their use was explained, the bulk of website did the barest minimum and just installed these annoying banners that offer users no choice whatsoever. The same corporate lobbyists and companies then did their best to scupper the US Whitehouse supported Do Not Track initiative (although some of us persevered and it is happily now complete). The enormous popularity of AdBlockers shows that there was a need for this legislation. Although they do offer some respite from the onslaught of tracking and invisible personal data collection, ultimately they cannot be the answer because only a minority gets round to using them, they do not work in apps, and few mobile browsers support them. In addition tracking companies can circumvent them. The ePrivacy Directive is now being reviewed and sensible amendments have been suggested. It should not be "abolished", that is definitely not in the interest of people's privacy and other fundamental rights, nor ultimately in the interest of business. If a tiny fraction of the money and attention that companies invested in lawyers and lobbyists try and defy the law had been spent seriously implementing the Do Not Track recommendation or complying with ePrivacy, we would have not needed to embrace AdBlockers so enthusiastically and much of the trust in online commerce would not have been lost.