Browser Based Solution

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.