So almost every GDPR cookie consent banner out there has a section for “legitimate interest” cookies that they can leave on by default and you will inadvertently accept even if you choose “Reject all” unless you go to the detailed settings and disabled those too.
Some of them have dozens of legitimate-interest cookies.
I read some articles about what they are and why it is allowed to keep them on by default, but they were very vague. So can someone explain it to me like I am five?
When you login to a website they need to give you a secret password so that when you go to the next page you can tell them that secret again and they will let you access information you have permission for (your Facebook wall for example). That secret is stored in a cookie and every time you go to another page the cookie is sent to Facebook so they know who you are again.
In this instance a cookie is the wrist band you get at a concert so they can easily check that you purchased a ticket. You don’t want to have to show your ticket every time you leave and come back into the concert because that’s slow, you just flash the wrist band and they let you in.
I know what a cookie is.
I was asking what are legitimate-interest cookies and what makes them different so they don’t need explicit consent under GDPR.
It would help to clarify in the post that you’re interested in the legal aspects for the EU under the GDPR.
To answer your question though, on the GDPR website I thought these snippets were the most helpful:
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Edit: Sorry, forgot the ELI5. As long as the website informs users why a cookie is necessary for the website to function correctly, it can be classified as ‘strictly necessary’ and not require consent. As far as what’s “necessary”… that’s still being defined and will probably be reviewed on a case by case basis.
It seems you are confusing strictly necessary cookies with legitimate interest cookies, which are different things: https://kbin.social/m/[email protected]/t/466192/-/comment/2427882
I had added the #GDPR tag to the question and, as far as I know, GDPR is the only regulation that requires a cookie consent banner and mentions legitimate interest cookies, but I may be wrong on that as I don’t know all the regulations around the world 😃 (and California tends to follow EU’s stances on these matters, so I wouldn’t be surprised if they were baking something similar to the GDPR if they don’t have it yet).
But yeah, you are right, people from many different places around the world could be reading the question, so I must have been clear that this is specific to some local regulation. I edited the post.
Thanks, appreciate it. I definitely misunderstood ‘legitimate interest’ cookies as ‘strictly necessary’. It looks like the laws are vague and still in development. I’m not in the EU but it’s been fun diving into this discussion and the laws!
They’re different because you can’t use the service without them. For example like with an auth cookie.
That’s a functional (or “strictly necessary”) cookie and those are the ones you cannot reject.
Legitimate-interest cookies are a different thing and you can indeed reject them, but they are on by default.