Also, it isn't the law that has been terribly implemented, although that could be argued as well, but rather the fault lies with the companies that do not want to abide by the law.
There are a few easy ways to check if a website is breaking the law:
- Is it as easy to say "no" to the consent as it is to say "yes"? If not, it's not legal, as the consent is not freely given.
- Is the website setting tracking cookies, or tracking you in some other way, before you have made your choice about the consent? If it is, it's not legal, as the consent must be opt-in not opt-out.
- Is it confusing? Then it's probably not legal, as the consent must be informed.
- Is there a button to "accept all" with no clear list of what you're accepting? Then it's not legal, as the consent must be specific and unambiguous.
Also, it isn't the law that has been terribly implemented, although that could be argued as well, but rather the fault lies with the companies that do not want to abide by the law.
There are a few easy ways to check if a website is breaking the law:
- Is it as easy to say "no" to the consent as it is to say "yes"? If not, it's not legal, as the consent is not freely given.
- Is the website setting tracking cookies, or tracking you in some other way, before you have made your choice about the consent? If it is, it's not legal, as the consent must be opt-in not opt-out.
- Is it confusing? Then it's probably not legal, as the consent must be informed.
- Is there a button to "accept all" with no clear list of what you're accepting? Then it's not legal, as the consent must be specific and unambiguous.
It's not rocket science, anyone can read it up for example here https://gdpr-info.eu/issues/consent/