Techcrunch published an article back in May about dark patterns around cookie consent banners. Besides listing a lot of dark patterns deployed in them, it also cites this quote:
A whole industry of consultants and designers develop crazy click labyrinths to ensure imaginary consent rates. Frustrating people into clicking ‘okay’ is a clear violation of the GDPR’s principles. Under the law, companies must facilitate users to express their choice and design systems fairly. Companies openly admit that only 3% of all users actually want to accept cookies, but more than 90% can be nudged into clicking the ‘agree’ button.
-- noyb chair Max Schrems
If only 3% of users actually want to consent, I think this clearly shows that cookie consent banners are cynical marketing dark patterns in and of themselves. A service is always allowed to employ cookies that are necessary for its core function; things like login cookies or shopping basket cookies. No banner is necessary for this.
Just get rid of every non-essential cookies and the banner itself. Tadaa! Instant legal compliance and a vastly better experience for users! Win-win, except maybe for the marketing department. But your user's clearly don't want to please your marketing department, and your users matter.
=> The techcrunch article, ironically hidden behind an illegally deceptive cookie consent banner.
-- CC0 ew0k, 2021-10-05
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