One of the suggestions in the new Directive is that the user’s browser settings are one possible means to get user consent.
Can’t people turn off cookies in their browser? In other words, if the user visits your website, you can identify that their browser is set up to allow cookies of types A, B and C but not of type D and as a result you can be confident that in setting A, B and C you have the consent to do so. You would not set cookie D.
Browser based solution for Cookie compliance
At present, most browser settings are not sophisticated enough to allow you to assume that the user has given their consent to allow your website to set a cookie. Also, not everyone who visits your site will do so using a browser, for example, people using mobile devices visiting your website through an application.