> You don't need a cookie banner to be allowed to create Cookies. You only need them if you're using them for something like tracking.
That is a common misunderstanding of the ePrivacy Directive [1][2]. It applies to all cookies (and "similar devices") that are not "strictly necessary in order to provide an information society service explicitly requested by the subscriber or user". And "strictly necessary" is quite a high bar.
That is a common misunderstanding of the ePrivacy Directive [1][2]. It applies to all cookies (and "similar devices") that are not "strictly necessary in order to provide an information society service explicitly requested by the subscriber or user". And "strictly necessary" is quite a high bar.
(not a lawyer)
[1] https://en.wikipedia.org/wiki/Privacy_and_Electronic_Communi...
[2] https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL... See especially (25).