This article may help you understand what consent means under GDPR: https://www.privacypolicies.com/blog/gdpr-consent-examples/#...
from my understanding of the rules even a lot of the informed consent popups today aren't compliant.
If I understand it correctly (and I think I am) the standard is that it should be equally easy to op out as to opt in, and the default should be opt out.
IMO this means I should just be able to dismiss any GDPR compliant box and the result should be no tracking.
Consent is a voluntary action. Usage itself is a form of consent. However a user disagreeing with what the company requires to provide that service but still being entitled to and actively using that service is not workable. User can decide to stop using a service entirely though, if they don't agree with the requirements.
That's meaningless. Usage is already a form of consent. The discrepancy is between the user and the company in what is consented. Forcing the company to provide service to the user even if the user disagrees with an upfront description of what the company requires to provide that service is a completely valid objection.
Also GDPR applies to any organization providing to citizens of the EU, not companies operating there, but that's yet another example of poor design which results in GDPR having little enforcement.
also, to contradict your own tangential claim (from your non-authoritative link): "You _should_ ask for consent where you are offering a genuine choice over a non-essential service. Typical examples include:
-Using tracking/advertising cookies"
this document may help you understand the difference between should and must: https://www.ietf.org/rfc/rfc2119.txt
And there is no room for ambiguity in the actual law:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%...
> Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them. If the data subject's consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
of course not, it was an example to demonstrate the difference and easier to include one link for both definitions than e.g. two for each from a dictionary
> Never mind the difference between "should" and "must"
given the context I believe the difference is of paramount importance
> do you understand the difference between an RFC and the law?
slightly reworded first question but yes, I do, thanks
> And there is no room for ambiguity in the actual law: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%...
that seems a good example for a better source which actually bolsters my point on bad sources, but alas, it's irrelevant. note that it refers to personal data and not (third time lucky) the original argument concerning tracking consent. in fact, I cannot even find any personal data in the OP's URL, probably because no personal data is required to create a GitHub account. let's just ignore that one for now
Not being able to get implicit consent by hiding some terms in a long legal document is the entire fucking point of the GDPR.