Okay, but it doesn’t require notification for every user that hits your landing page.
If you want to remember dark mode with a cookie, then you can just gate that setting behind a “allow functional cookies” toggle.
Getting consent for functional cookies doesn’t have to be done with an intrusive cookie bar on landing. You can request consent as it becomes needed. There’s other ways of complying that aren’t dark patterns.
Can you please tell me what part of this law requires any sort of notification or toggle whatsoever for remembering your dark mode setting: https://gdpr-info.eu/art-6-gdpr/
You're replying to me, but I'm not the one asserting it. The GDPR law doesn't require it specifically, but the earlier ePrivacy regulation does and it is considered to be the guide for GDPR on this specific issue. Lex Specialis is the term for one regulation being applied within a different one.
"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.
Preferences cookies — Also known as “functionality cookies,” these cookies allow a website to remember choices you have made in the past, like what language you prefer, what region you would like weather reports for, or what your user name and password are so you can automatically log in."
Farther down:
"To comply with the regulations governing cookies under the GDPR and the ePrivacy Directive you must:
Receive users’ consent before you use any cookies except strictly necessary cookies. ..."
So a preference cookie is categorized differently than "strictly necessary" by the ePrivacy rules predating, but now part of, GDPR. But elsewhere in this thread someone asserted that a cookie that is placed and the data never sent back to the server is exempt, so if you handle dark mode entirely client side you might be ok?
I'm beginning to understand why the lawyers in the EU just say "fuck it, put a banner up"
If you want to remember dark mode with a cookie, then you can just gate that setting behind a “allow functional cookies” toggle.
Getting consent for functional cookies doesn’t have to be done with an intrusive cookie bar on landing. You can request consent as it becomes needed. There’s other ways of complying that aren’t dark patterns.