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Comment by iqanq | Hacker News Reader

>If my website askes users for their permission to use GA and they click yes then is that still illegal here? I see this as yes it's still illegal.

The basis of regulations is that citizens are too stupid to consent to things even if they are fully informed. Whether that is a good or bad approach is up for debate.

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If this is actually true I think it has far reaching implications. I have many questions about this approach but lets take it slow for the French example:

* Is there a list of these "things" if not how is anyone to know?

* Who is policing this ?

* How do you get advice in your own language (not French google translate does a terrible job at translating lawyer speak)?

* What are the consequences if you don't comply ?

The idea of a "right" is shaky if you can sign it away with a click.

That's not at all the point. The issue here is data residency.

Asking permission for something users don't understand is tantamount to not asking in the first place.

Will you defrob my balancator? Of course not, because you don't know what it is. The same applies here: if you don't know what something means then say no. If you say yes then it's understood that you know what you signed up to.

An agreement requires a meeting of the minds. Blindly clicking "yes, accept cookies" in popups does not rise to that level. People just want to read the article, they do not understand or care about the data retention policy. So it is very hard to claim they consented.

And reading the data retention policy is not enough if it doesn't explain the extent to which the authorities in their country can wipe butt with said policy.

But anyway, I think even that is beside the point. I think the point is that there are things Europe considers fundamental rights. And the concept of a "right" doesn't.. really.. make much sense if someone can go "btw we'll just violate it, click to agree."

Then why does every site ever seem to still use huge cookie banners asking for that consent?

No, this is not how consent works. Consent has to be informed and well-judged: If you don't understand what you're agreeing with, you have not given it (even if you say yes the other party cannot proceed as if they have gotten it).

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