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Comment by birjolaxew

> This would allow you to avoid displaying the cookie banner.

That isn't actually true (or at least is only allowed in the "it's a small enough violation of the law that the enforcers have bigger fish to fry" sense).

Cookie banners are required to gather informed consent, which is relevant for two EU legislations: the ePD, which requires it to access or store _any_ data from terminal equipment, and the GDPR which requires it for personally identifiable data. Most people only consider the latter, but the former is a much bigger hurdle to pass.

Despite Plausible's claim of not requiring cookie banners, their processing still accesses data from the terminal equipment. That was made very explicitly clear in a 2023 guideline from the EDPB[1].

The one saving grace for Plausible is that the ePD is a Directive, so the actual implementation into law differs by Member country. The claim might be true for some EU countries, but certainly isn't for all.

I've written a longer analysis of this in the context of Plausible for anyone interested[2] (although it might be worth skipping the first section, to get to the meat of the issue).

[1] https://www.edpb.europa.eu/our-work-tools/our-documents/guid... [2] https://jfagerberg.me/blog/2022-06-09-analytics-cookie-compl...

parent birjolaxew 1 year ago

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