For various reasons (poverty etc) I've not bought much on eBay lately. Browsing the site this evening, I was presented with a "cookie banner":
A couple of thoughts sprang to mind.
1. I thought that the "By using this site you consent to our setting whatever cookies we like" type of implied consent was no longer legal. Consent must be given, clearly and unambiguously, by the user - eg by clicking an "I accept" button.
2. So far, so good - but it needs to be informed consent, if I'm not mistaken. I can't for the life of me see how anyone can give "informed consent" without exploring the ramifications of clicking on "I consent" (or whatever).
It simply shouldn't be possible for consent to be given without some evidence that the user has examined the implications of granting consent. Oh sure, you can give me information and never know whether I've actually read it - but surely the information should be clearly offered as a stage to click through before "consenting"?
3. The cookie banner not only tries its luck with "By clicking on a link on the website or Accept, you agree blah blah blah." The "Accept" button is clear and, dare I say it, prominent and dominant.
One needs to read through the whole cookie banner to find the "Learn more, including how to manage your privacy settings."
4. Actually venturing onto the page dealing with privacy settings proved ... interesting. Go on - give it a try:
https://www.ebay.co.uk/gdpr
Although they offer you the opportunity to "configure your settings," they precede the said settings with another big, blue button - "Agree and proceed." One might almost think they're hoping most folk would simply click on it. That's what we're being conditioned to do, is it not?
If you fail to fall for that and read on, you might be impressed at the sheer number of eBay's "partners" who're trying to share your data. (You need to open a drop-down menu under each section for full details.)
You can simply say "No" to general categories eg Content selection, delivery amd reporting.
You can also elect to allow or disallow individual online entities under the relevant drop down list.
What worried me was that having selected an overall "No", opening the drop-down list seemed to show all the individual partners as "Yes." I suspect that they would have to respect your overall choice for the category (Content selection etc), but really don't know for certain. I certainly don't feel 100% confident.
5. It seems that not all snoopers are equal in eBay's sight. When you expand the lists of "partners" etc, most have a simple Yes/No switch available. A few, however, show the text "Requires opt out" instead of a switch. You need to actually visit the site concerned to continue with your settings. Apart from the fact that I'm not convinced that requiring opt out is actually legal any more, does this mean that the sites concerned are "exempt" from your "No" choice for the entire category under which each falls and lurks?
Ironically, all your settings are probably preserved in a cookie - which means that if you clear cookies regularly, then you'll have to plough through the whole process again next time you visit.
Which makes bothering with the site at all just too much like hard work.
Sorry, I know I'm wordy. That's probably enough for now, but do give it a look. I'd be interested to hear what people have to say.
It looks so helpful and transparent when you get the initial consent box... but there are layers and layers to delve into, and we (most of us) just don't have the time or energy or awareness.
I wonder if Tim Berners-Lee's new project will offer an escape - if it ever gets any height off the ground.
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