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If you use uMatrix it does not even have a chance to appear.



Philosophical question. If you don't event see the banner, because you've spamfiltered it, does it count as accept or reject?


Accept, because you installed software that intentionally blocks it.


by that argument i'm a follower of jehovah's witnesses because i consciously and willingly close the door in their face.

its definitely not a consent, no matter how you try to spin it.


Your analogy makes no sense. You browse the web with a user agent, which acts on behalf of you, the user. You instructed your agent to not display "this site uses cookies" banners, which implies that you're aware of them and choose to proceed even though the site uses cookies.

A better analogy would be you're getting arrested, and you plug your ears with your fingers and say "LA LA LA I CAN'T HEAR YOU" and then argue that you can't be arrested if you can't hear the people arresting you. Interesting argument, but not how it works.


If the customer does not respond to your requests to accept your house rules you deny them service. GDPR is quite clear that "silent agreement" does not apply.

GDPR Recital 32, sentence 3: "Silence, pre-ticked boxes or inactivity should not therefore constitute consent." https://gdpr-info.eu/recitals/no-32/


How silent is installing an extension that clicks "dismiss" for you? It's like that argument where you can't be bound by the EULA because you put your cat's paw on the mouse and had your cat click "I agree". Good luck with that argument.


If I install an extension that sends agrees to a website then yes, it's the same as using a cat as a proxy, because objectively the request for consent has been fulfilled without irregularities. It's even mentioned in sentence 2 of Recital 32, using technical measures to auto-consent is valid as long as it is done clearly.

However uMatrix does not send agrees; in fact, it shreds most 'requests to consent' to pieces before relaying the page to the user as a side-effect of blocking third-party cookies+scripts. So unlike the cat proxy, uMatrix will never send a (deceitful) agreement back and the website owner never gets a reply for his inquiry.

All a website owner gets from a uMatrix user is the wrench they threw into the consent acquiring procedure, and I doubt that's enough to signify consent as defined in GDPR.

GDPR Art. 4 (11) https://gdpr-info.eu/art-4-gdpr/

  ‘consent’ of the data subject means any freely given,
  specific, informed and unambiguous indication of the data
  subject’s wishes by which he or she, by a statement or by a
  clear affirmative action, signifies agreement to the
  processing of personal data relating to him or her;


Its not pressing 'dismiss'

its removing the elements responsible for the banner from the DOM




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