You don't have to have a cookie popup if you don't do stupid stuff. Don't use anything other than strictly necessary cookies and you are good to go.
Disclaimer: I anal and this is not legal advice.
Disclaimer: I anal and this is not legal advice.
Basically, the law created enough fear among the lawyers that software developers are being advised to include the cookie banner in cases where it isn't strictly needed.
From where I sit that's hard to evaluate since you cannot actually see most data abuses and privacy concerns, and you also don't know how it would have been without it. You also see the effects of various laws and regulations in combination, so the ones related to GDPR are not easy to be singled out. Are you thinking only of the cookie banners? Maybe sites would be plastered with even worse bullshit. Did you consider that GDPR also resulted in privacy policies that (if actually somewhat legal) are fairly easy to read and not just copy pasta but specific to the service(s), have proper contact information, you get some transparency about which data partners the sites work with, sites need to have full data export, right to be forgotten (removal of your data/contributions), and so on. I am certain you benefit from it often, potentially without realizing, and you wouldn't know what the world would be like without them today so it's not so straightforward to reason about.
So uh, don't do that.
You don't need to notify if you use cookies for required functionality like login sessions or remembering a functional setting.
If you're tracking whether they're returning or not your activity is exactly the kind of behaviour the rule is covering because, in legal terms, it's skeezy as fuck.
If your legal team genuinely suggests that, it's likely your company uses the login cookies for some additional purposes.
To put a finer point on some of this, in one instance, I was writing an application that would allow our customers to deploy their own website with content that they had created through the tool that my company had provided. My company wasn't adding any tracking whatsoever to these pages. We were simply taking their content, rendering it properly, and hosting it for them. We ended up enforcing a cookie banner on these pages because the lawyers couldn't guarantee that there wouldn't be tracking content on that page that was added by the customers. But the end result is that every page, the vast majority of which don't have any tracking, still have cookie banners.
In essence, the law created a new legal hazard, and people aren't sure when they're going to run into it, so they end up putting up fences all over the place. Between this and malicious compliance, the end user experience has suffered greatly.
So a generic cookie banner is actually going to make the legal case worse than not having one at all (because you've now demonstrated that you knew you should have explicitly declared usages, partners, and used opt-in consent, but you didn't).
Nobody wants to be the EU test case on precisely how "required functionality" is defined. Regardless of what the plaintext of the law says, it should be self-evident that companies will be more conservative than that, especially when the cost is as low as adding one cooke banner and tracking one preference.
You'd have much better retention rates if you don't cover up the content the viewer is trying to view.
How would you like it if I shoved a banner in your face the moment you walked into a store and forced you to punch a hole in it in order to view items on the shelves?
https://github.blog/news-insights/company-news/no-cookie-for...
Go to that link, these are the cookies it writes (at least for me):
* _ga
* _gcl_au
* octo
* ai_session
* cfz_adobe
* cfz_google-analytics_v4
* GHCC
* kndctr_
*_AdobeOrg_identity
* MicrosoftApplicationsTelemtryDeviceId
* OptanonConsent
* zaraz-consent
This can be for e.g. sales acquisition or marketing engagement, but also includes cookies to simplify login, so not everything is "stupid stuff." A cookie that stores "was here, skip the splash page" may already fall afowl, if you put any session metadata in it.
I think in the past you still needed some info box in the corner with a link to the data policy. But I think that isn't needed anymore (to be clear not a consent dialog, a informational only thing). Also you can without additional consent store a same site/domain cookie remembering you dismissing or clicking on it and not showing it again (btw. same for opting out of being tracked).
But there are some old pre-GDPR laws in some countries (not EU wide AFIK) which do require actual cookie banners (in difference to GDPR consent dialogs or informational things). EU want them removed, but politic moves slow AF so not sure what the sate of this is.
So yes without checking if all the older misguided laws have been dismissed, you probably should have a small banner at the bottom telling people "we don't track you but for ... reasons .. [link] [ok]" even if you don't track people :(. But also if they haven't gotten dismissed they should be dismissed very soon.
Still such a banner is non obnoxious, little annoying (on PC, Tablet, a bit more annoying on Phone). And isn't that harass people to allow you to spy on them nonsense we have everywhere.