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German court rules Facebook use of personal data illegal

reuters.com

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Re: German court rules Facebook use of personal data illegal

#92

Earlier quoted context omitted.

1., If you store data of EU residents, you are under EU jurisdiction (GDPR) and can be targeted by fines. 2., The EU is a very rich, large market - considered the single largest economy in the world (GDP per capita). Good luck not targeting it with your products. 3., The pendulum around data protection is swinging back, this is normal. Apple saw it and adjusted already. Google is cooperating and staying quiet. Only F…

Addressing your point #1, the EU has no enforcement mechanism for fines or otherwise unless you have physical presence (servers, offices etc...) in an EU member nation or are processing money on EU run systems. So if a social media platform strictly based outside of the EU "exports PII" from an EU resident there isn't anything the EU can do about it, other than asking google or apple to take their app off the app sto…

You do realize the EU can stop or confiscate the money that is transferred to you from European customers? Noneuropean companies already have to pay VAT on stuff they export to EU, so it is not as if there is no big collection already going on.

Re: German court rules Facebook use of personal data illegal

#93

Earlier quoted context omitted.

Maybe the way we architect social networks online is fundamentally flawed? Maybe these products should not even exist. I'm not claiming I have a better solution though.

We have the answer - no, nothing's flawed, there's a huge demand.

Demand proves that things are good, this is why slavery and cold prostitution are good, for example.

Your brain has been broken by money.

Re: German court rules Facebook use of personal data illegal

#94
post #59
post #18

Wait until GDPR is in place in May and German and other EU courts will rule FB to death. IDK how FB will ever be compliant with GDPR and survive that huge upcoming fines in the long term or in the worst case the withdrawal from these markets.

The GDPR isn't actually as bad as people claim. The law is actually pretty reasonable. It is the result of years of discussion and deliberation. In fact, privacy watchdogs are complaining that it doesn't go far enough - it leaves plenty of holes. Most of the GDPR is about informed consent, having a valid reason for processing personal data and individual rights. Facebook will do just fine, they had years to prepare a…

> Facebook will do just fine, they had years to prepare and an army of lawyers.

They won't do fine. Don't want to go into details but their actual products/required architectures for their products just can't be GDPR compliant. And they didn't prepare anything. You confuse them with Google--they prepared GDPR but FB?

Btw, one of GDPR's key motivation was to take FB down.

Re: German court rules Facebook use of personal data illegal

#95

I think if I was creating a new social media website today I'd probably not set up any presence in the EU. The sheer quantity of fines for vaguely specified "crimes" being handed out makes it a deeply unattractive business environment and it seems to be getting worse. I remember when Facebook was new, one of its big competitive advantages was its easy and comprehensive privacy controls. I didn't see other social netw…

1., If you store data of EU residents, you are under EU jurisdiction (GDPR) and can be targeted by fines. 2., The EU is a very rich, large market - considered the single largest economy in the world (GDP per capita). Good luck not targeting it with your products. 3., The pendulum around data protection is swinging back, this is normal. Apple saw it and adjusted already. Google is cooperating and staying quiet. Only F…

1. GDPR is a good example of why to abandon the market imo. It's not even clear how it affects backup strategies, let alone more complicated questions. Most vaguely written law I've seen in a long time. I can't help but suspect it's designed to be violated, as a revenue source. But just don't set up a corporate presence in the EU and they can't do much.

2. I remember people saying that about China. The market was too big to ignore. Somehow Facebook got banned in China completely and did fine. Same for YouTube, Twitter, etc. They're companies any founder could be proud of. You could serve the US market and make money advertising to EU member state citizens without having a corporate presence in the EU, it'd still be a nice business.

3. Hardly, Apple / Ireland are appealing the EU tax ruling, Google has been getting fined repeatedly for things like Google Shopping and maybe Android, FB getting fined is nothing new. And what's "stupid" about fighting in courts ... unless you believe the EU's courts are kangaroo courts that are guaranteed to always take the EU's side? Why shouldn't they appeal? It's hardly like these cases are bulletproof. Most of them can't even explain what precisely was wrong.

Re: German court rules Facebook use of personal data illegal

#96

Earlier quoted context omitted.

You can stop using Facebook if you want to

That would be great if it were true, but even if you don’t use Facebook, that does not exclude you from their marketing activities. https://boingboing.net/2017/11/08/involuntary-profiling.html

Not true, there's the cookie law - if you continue to use a website that has given you an option to leave, it's consent.

Re: German court rules Facebook use of personal data illegal

#97

Earlier quoted context omitted.

We have the answer - no, nothing's flawed, there's a huge demand.

Demand proves that things are good, this is why slavery and cold prostitution are good, for example. Your brain has been broken by money.

Yeah there goes the Hitler argument...

Re: German court rules Facebook use of personal data illegal

#98

Earlier quoted context omitted.

> It sounds like they'll just have to update their terms of service to say that you agree to allow Facebook to use your data in XYZ ways. Of course, that'll be buried in the fine print and no-one will even notice. If you read the first paragraph of the article, you'll notice that that is in fact the thing that the court is talking about: the degree of consent created by their terms of service process is deemed insuff…

So they're basically saying "our citizens are so stupid they can't even read properly while becoming a customer of a company based on the other side of the world, and we fine you for their stupidity". Just LOL. I live in the EU and I feel the socialism coming back. I need to get away soon.

That's a very uncharitable way of looking at things. A different way of phrasing it would be that the EU recognizes the power disparity between Facebook and any individual user, and that an individual user does not have any ability to negotiate with FB, and thus the contract of adhesion that is the ToS is not made in good faith.

Re: German court rules Facebook use of personal data illegal

#99

Earlier quoted context omitted.

AFAIK it follows all US laws to the letter.

That’s fantastic, for the US. The next step would be to follow all EU laws to the letter, too.

It's an US company if I remember correctly. Does a hamburger place in the US need to follow EU laws because tourists come to it often? No.

Re: German court rules Facebook use of personal data illegal

#100
post #59
post #18

Wait until GDPR is in place in May and German and other EU courts will rule FB to death. IDK how FB will ever be compliant with GDPR and survive that huge upcoming fines in the long term or in the worst case the withdrawal from these markets.

The GDPR isn't actually as bad as people claim. The law is actually pretty reasonable. It is the result of years of discussion and deliberation. In fact, privacy watchdogs are complaining that it doesn't go far enough - it leaves plenty of holes. Most of the GDPR is about informed consent, having a valid reason for processing personal data and individual rights. Facebook will do just fine, they had years to prepare a…

How is the law reasonable? It's not even clear what is allowed under it and what isn't. The EU refuses to clarify anything, the only time any decision will be made is by courts, if there's an actual dispute in progress.

The rules are so vague that any firm could be argued to be in violation. And the EU acts as judge, jury and executioner. It looks like a way to tax the SV tech firms without needing a treaty change. After all there's no practical difference between a tax and a law that everyone is guaranteed to always be in violation of that has huge fines attached. The money all goes straight into EU central coffers.

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