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But it is not. the text of that legislation is very clear.

Yes but the only thing better than being compliant is being compliant twice over so there's absolutely no debate about compliance.

I much rather companies be scared into complying and have some spare banners than companies having grey area free-for-alls with my data.

Eh, it took me all of 2 days to strip all the unnecessary cookies out of our product, and convince management to leave out the giant unnecessary cookie banner.

The sites plastering those everywhere are doing a malicious compliance, pure and simple