disableBrowserFeatureDetection and cookie consent (Directive 95/46/EC)

Hi everyone,

Has anyone got confirmation from privacy legal experts that using Matomo with tracking cookies disabled and with calling the disableBrowserFeatureDetection JavaScript method does not require user’s informed consent?

Our internal team argues that, even under this scenario, the config_id would still use some sort of fingerprinting thus requiring user consent based on Directive [2002/58/EC]:

“…Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the
processing…”

Thanks very much!

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