I think your point of view is overlooking the concept of loophole or more precisely, malicious compliance.
Businesses can make a separate page, a settings page, where you enable tracking. This solves the problem.
But obviously the cookie popup is HUGE to cover your view of the page and it's as confusing as possible, even with the requirement of an explicit reject all button.
This is textbook malicious compliance, and the EU has been trying to combat it (the explicit reject all button), but I suspect they don't want to codify in law the exact pattern they want to see (law becomes outdated)
> I think your point of view is overlooking the concept of loophole or more precisely, malicious compliance.
I don't think I am, because even if the cookie popups were made with the genuine best intentions to adhere to the regulations, no malicious compliance at all, the people I am disagreeing with would still blame the corporations engaging in legal activity and not the regulations themselves that dictate the popups.
I don't doubt malicious compliance exists or is a problem, but I don't think it makes much of a difference in this context.
Businesses can make a separate page, a settings page, where you enable tracking. This solves the problem.
But obviously the cookie popup is HUGE to cover your view of the page and it's as confusing as possible, even with the requirement of an explicit reject all button.
This is textbook malicious compliance, and the EU has been trying to combat it (the explicit reject all button), but I suspect they don't want to codify in law the exact pattern they want to see (law becomes outdated)