Which is better but still sucks. The whole thing is flawed from the ground up: In order to remember you opted out of cookies, it is necessary to store a cookie in your browser. Cookies should be op-in but I think it’s obvious this is not gonna happen
Both is trivial in my opinion. The problem is OP using ancient software that only runs on an ancient OS. In this case upgrading is not trivial. Even though upgrading is a major investment in this case, it only gets worse the later its done. Typical case of technical debt