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That's not what various references (and AIs) say. Strictly necessary means strictly necessary. They didn't bother defining it in the law. However, user preferences were called out specifically in the WP29 opinion as something that wouldn't count as strictly necessary if scoped any wider than the browser session. So if the plain English meaning and the drafters' opinion contradicts your opinion, why should I risk significant fines to trust it?


Yeah well most references on this are wrong, and AIs are doubly wrong since they ingest those references and also since they are AIs.

I suggest actually reading the GDPR if you think it applies to you. The EU put it up on a website for everyone to see. Here's the most relevant section: https://gdpr-info.eu/art-6-gdpr/

Notice how cookies are not mentioned, popups are not mentioned, and strictly necessary is not mentioned. Those are requirements the data harvesting industry invented out of whole cloth. They are not the actual requirements.

I'll just repeat that one more time: the GDPR does not mention cookies or popups. Let that sink in. It's all cargo-cult.

The GDPR also doesn't give a shit about dark mode preference. Literally nothing in it has any relevance to a dark mode preference, even (and especially) if you store it in a cookie.


See my other response with citations.

In short: the GDPR doesn't mention it but it is covered by the ePrivacy directive/regulations which does cover cookies very specifically, and which is enforced through GDPR.


What does "enforced through GDPR" mean here? That if you don't ask permission for saving a dark mode preference, they'll fine you for misuse of personal data even though it isn't personal data and you're not misusing it?


You read and replied to my other response. It answers this question and gives you the laws you demanded and the terms to research the answer to this question.

Have a good day.


Why are you even bringing up GDPR? The law requiring cookie banners is a completely different law. Have you not seen a cookie banner? You think all these huge companies with legal departments are just misreading a law? What are you even ok about here?




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