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dcowlast Tuesday at 5:36 AM4 repliesview on HN

Setting a language preference cookie is not tracking and I will die on that hill. The law requires consent before using a cookie to store even a mundane option that was just directly modified by a user. Collecting a crash report is not tracking a user. Even first party product analytics is not tracking a user.

Tracking a user across domains using a 3rd party aggregator to serve add and do attribution is the evil. And the EPD far overshoots the mark of specifically addressing that evil.


Replies

Lattylast Tuesday at 6:50 AM

A language preference cookie is not tracking under the GDPR and doesn't need to be promoted for. Of course, if you take that language preference and feed it into your advertising to identify and target people, then it becomes tracking.

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_Algernon_last Tuesday at 10:58 AM

>The law requires consent before using a cookie to store even a mundane option that was just directly modified by a user.

If your are referring to GDPR this is wrong. GDPR does not require consent for strictly necessary cookies.

>Strictly necessary cookies — These cookies are essential for you to browse the website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies. These cookies will generally be first-party session cookies. While it is not required to obtain consent for these cookies, what they do and why they are necessary should be explained to the user.

https://gdpr.eu/cookies/

Though language preference does not seem like something that requires a cookie. Just respect the Accept-Language header. There is no need to reinvent the wheel here.

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jraphlast Tuesday at 8:08 AM

> The law requires consent before using a cookie to store even a mundane option that was just directly modified by a user

Nope.

That's exactly why the evil cookie modals are not on the GDPR but only on the sites that want to track you and now need to ask you for your consent before doing so. That's usually exactly where good faith GDPR detractors are wrong, and that's what needs to be repeated again and again in those discussions.

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meindnochlast Tuesday at 12:00 PM

Accept-Language.