[hewlett]

If you reject cookies, the site has no way of knowing you have rejected cookies the next time you visit. You need a cookie in order to store the cookie decision

[serial_dev]

I think this is false?

A rejected cookie preference could be stored client side in local storage and depending on that value you could decide whether to show the cookie prompt.

[mminer237]

Directive 2002/58/EC applies to any "hidden information" stored on users' computers. It's irrelevant whether you use cookies or localStorage or IndexedDB. Regardless of what you use to store data on the user's computer, you have to "ensure that users are made aware of information being placed on the terminal equipment", and users must "have the opportunity to refuse to have a cookie or similar device stored on their terminal equipment."

Source: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX...

However, the ICO has suggested that saying "I refuse to allow any cookies on my computer" could be taken as implied consent to allow a cookie stating such.

[aden1ne]

Functional cookies like that are explicitly allowed.

[mminer237]

There's no exception for "functional cookies". There's an exception for cookies "strictly necessary" for an "explicitly requested" service. I don't see how remembering you don't want cookies is strictly necessary or explicitly requested. Unless you have a separate optional check for "remember my decision" I would argue that not asking every session would be a violation of the ePrivacy law.

[asddubs]

prompts are not necessary for functional cookies

[Raicuparta]

Browsers provide multiple ways to store data like that locally, you don't need cookies. And even if you did, you wouldn't need consent to store that preference.