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How the GDPR Will Disrupt Google and Facebook

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Re: How the GDPR Will Disrupt Google and Facebook

#11

Post by mattmanser »

CobrastanJorji wrote: post #9

> The critical question for both businesses is whether users will click “yes”, when asked to consent. Yes, users will click yes on basically anything. Facebook could put up a message that says "In order to proceed, click yes to give us half the money in your checking account" and the majority of Facebook users will still click through. Look at EU cookie warnings. Did any of those warnings noticeably impact anybody's…

Cookie warnings is a bad example as it was widely acknowledged by anyone vaguely techy that they'd got it completely wrong from the start.

Re: How the GDPR Will Disrupt Google and Facebook

#12

Post by dordoka »

danarmak wrote: post #8

> Nor can they deny access to their services to users who refuse to opt-in to tracking.[1] Taken literally this means it's illegal to provide a service in exchange for tracking. Can someone elaborate on whether this is true and what else it applies to or what else other business models are made outright illegal?

I guess that sentence is referencing article 43. IANAL.

See http://data.consilium.europa.eu/doc/document/ST-5419-2016-IN...

Re: How the GDPR Will Disrupt Google and Facebook

#13

Post by hedora »

prophesi wrote: post #10
Animats wrote: post #7

Site will not render properly with Google Analytics blocked. Web site renders with text on top of text. Grey on black text. Is this some fake site by a Google front intended to give this idea a bad reputation?

I use uMatrix on Chrome and have every non-pagefair.com script blocked, including google analytics. Not seeing any site rendering issues here. Perhaps it's your browser?

My adblocker blocks the base url of the page. Maybe there is some common adblock regexp that matches stuff on this site.

Re: How the GDPR Will Disrupt Google and Facebook

#16

Post by danarmak »

dordoka wrote: post #12
danarmak wrote: post #8

> Nor can they deny access to their services to users who refuse to opt-in to tracking.[1] Taken literally this means it's illegal to provide a service in exchange for tracking. Can someone elaborate on whether this is true and what else it applies to or what else other business models are made outright illegal?

I guess that sentence is referencing article 43. IANAL. See http://data.consilium.europa.eu/doc/document/ST-5419-2016-IN...

Article 43:

> In order to ensure that consent is freely given, consent should not provide a valid legal ground for the processing of personal data in a specific case where there is a clear imbalance between the data subject and the controller, in particular where the controller is a public authority and it is therefore unlikely that consent was freely given in all the circumstances of that specific situation. Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance.

(My italics.) The second sentence seems clear: "consent is presumed not to be freely given" if the service could be provided without the consent. Which means consent cannot be traded in exchange for an unrelated service, like e.g. webmail.

I'm not sure what the relation between the two sentences is. Does the second one ("consent is presumed...") apply only to the cases addressed by the first, i.e. "where there is a clear imbalance"? Or are they independent?

Re: How the GDPR Will Disrupt Google and Facebook

#17

Post by kartan »

fixermark wrote: post #3

So, how long until this one also also gets neutered when European governments realize they can't even bring their own websites into compliance with the new law? ;)

> So, how long until this one also also gets neutered when European governments realize they can't even bring their own websites into compliance with the new law? ;)

I have worked for 2 big tech companies in Europe. And in both, there is a big effort to make sure that they are compliant with the legislation. I see everyone taking it seriously. Why do you think that it is going to fail?

Even the stupid, really really stupid, cookie warning was implemented everywhere. What does this different? (A part of being actually a good law that protects citizens from indiscriminate tracking).

Re: How the GDPR Will Disrupt Google and Facebook

#19

Post by phatbyte »

AJRF wrote: post #2

I'm going to read thoroughly through the terms and conditions and get a case going in European Courts when this comes into play, because you know for a FACT Google and Facebook will put in some vague term to let them collect data for "future" improvement of the service. Watch and see.

I believe that's what EU is trying to achieve:

> “A purpose that is vague or general, such as for instance ‘Improving users’ experience’, ‘marketing purposes’, or ‘future research’ will – without further detail – usually not meet the criteria of being ‘specific’”

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