Hissingsid - 12:52 pm on May 26, 2012 (gmt 0)
My interpretation FWIW is that there is a sliding scale.
Session and absolutely essential cookies for the functioning of the site do not need consent.
Cookies that re used to tailor your experience but you control should include a message that a cookie is being set to remember your settings next time, and therefore they store consent.
Cookies that tailor your experience in real time that the users have no control over need definite informed positive consent.
I'm thinking that the worst that could happen is they say "well done for trying but you need to do a bit more".