D. In the Section 4.1.1 of Opinion 2/2010 on Online Behavioral Advertising by the Article 29 Working Party, it highlights issues such as the ability of browsers to block third-party cookies and the need for browsers to prevent cookies from being bypassed or respawned.
B. When users are aware of the ability to adjust their settings: This is correct. Recital 66 of the ePrivacy Directive indicates that users' consent to cookies may be given by using appropriate browser settings, provided users are aware of the choices available to them.
Relevant Legislation:
ePrivacy Directive (Directive 2002/58/EC), Recital 66: "Where it is technically possible and effective, in accordance with the relevant provisions of Directive 95/46/EC, the user's consent to processing may be expressed by using the appropriate settings of a browser or other application."
Consent to use browser settings could be inferred when a user sets controls in an internet bowser. It would require clear notice from the site that users have been prompted to consider their current browser setting.
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