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Only 9% of visitors give GDPR consent to be tracked

markosaric.com

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Re: Only 9% of visitors give GDPR consent to be tracked

#211

Post by emn13 »

hvidgaard wrote: post #82
emn13 wrote: post #60

Earlier quoted context omitted.

It's already happening, but slowly, slowly. The various agencies need time to get their act together, and have started with the most egregious excesses. It seems rather unlikely at this point that consent forms that apply inappropriate pressure - explicitly called out in the GDPR as invalid - will somehow escape enforcement. I'd expect invalid cookie banners to be on the chopping block sometime fairly soon. Additiona…

I'm pretty sure GDPR states that it must be opt-in in a non deceiving manner.

Exactly; that's the point. An opt in that is coercive is not a valid grounds for holding personal data, ergo, that data is held illegally and subject to enforcement by a data-protection authority. Doesn't matter if everyone clicked yes.

A coercive opt-in isn't so much illegal; it's simply void. Having a coercive opt-in would be fine yet weird (as I understand it) if you then proceeded to only retain and process personal information to the extent you would be permitted without the opt-in. (IANAL, and only as far as the GDPR is concerned, perhaps if it's misleading enough that violates some fraud statutes somewhere, but that's a different issue).

Re: Only 9% of visitors give GDPR consent to be tracked

#213

Post by beshrkayali »

blauditore wrote: post #206

What really drives me crazy are prompts that start by showing two options: "Consent to all cookies", or "customize". If you click "customize", it opens a new modal window with a loading indicator that just doesn't seem to finish. I literally waited 60 seconds and then tried again by refreshing the page, ending up with another infinite loading indicator. This means that users are de-factor forced to click "consent to…

DockerHub uses a company/product called "TrustArc: TRUSTe" and they have _exactly_ this method. The slowdown is intentional. People who come up with sort of tactics and those who implement them should go to jail. It's beyond infuriating. I've decided to not upload my images to dockerhub because of this.

Edit: jail time is not for anger obviously, but for intentionally swindling people. It'll be handled on a case by case bases obviously, but data is worth something, people who swindle you out of your data are like those who scam you in the street for your wallet, and as far as I know, there's jail time for that.

Re: Only 9% of visitors give GDPR consent to be tracked

#214

Post by dsabanin »

beshrkayali wrote: post #213
blauditore wrote: post #206

What really drives me crazy are prompts that start by showing two options: "Consent to all cookies", or "customize". If you click "customize", it opens a new modal window with a loading indicator that just doesn't seem to finish. I literally waited 60 seconds and then tried again by refreshing the page, ending up with another infinite loading indicator. This means that users are de-factor forced to click "consent to…

DockerHub uses a company/product called "TrustArc: TRUSTe" and they have _exactly_ this method. The slowdown is intentional. People who come up with sort of tactics and those who implement them should go to jail. It's beyond infuriating. I've decided to not upload my images to dockerhub because of this. Edit: jail time is not for anger obviously, but for intentionally swindling people. It'll be handled on a case by c…

Why jail? I think we should just execute them on the spot. /s

Re: Only 9% of visitors give GDPR consent to be tracked

#215

Post by CaptainZapp »

blauditore wrote: post #206

What really drives me crazy are prompts that start by showing two options: "Consent to all cookies", or "customize". If you click "customize", it opens a new modal window with a loading indicator that just doesn't seem to finish. I literally waited 60 seconds and then tried again by refreshing the page, ending up with another infinite loading indicator. This means that users are de-factor forced to click "consent to…

What's even worse is the same system (Customize) to then land on a 30 page privacy statement with instructions how to opt-out with each of their 140 "partners".

Alternatively you get advised (also in the context of that 30 page privacy statement) to disable cookies.

Re: Only 9% of visitors give GDPR consent to be tracked

#216

Post by emn13 »

tannhaeuser wrote: post #100
emn13 wrote: post #76

Earlier quoted context omitted.

It may be the German implementation is different in this regard, but IIRC the GDPR did not create a personal right; enforcement is solely at the discretion of the relevant authority. I thought that was intentional; as a way to limit frivolous lawsuits, but I'm no expert by any means - are you sure this is actually possible?

No I'm not very sure, IANAL. I just thought that "Abmahnen", for once, could actually be used for something useful when it was used to bother small sites for violating the German "Impressumspflicht" (duty to include press contact info on sites). I'm also not sure it can be legally excluded for GDPR specifically as it has been a staple of German "Rechtspflege" (procurement of law by private orgs) for a long time. I kn…

Sounds like it's actually unclear: https://www.datenschutz.org/dsgvo-abmahnung/

Sounds to me like it's not in general permitted (but with a huge exemption), but is possibly permitted to the extent that failure to comply with the GDPR constitutes unfair competition. So that means you can't simply use the "Abmahnen" procedure to enforce privacy rights, but rather need to demonstrate you're a market competitor and that it's relevant to your competitive position. Edit: no, I think I misread- that may be a possible conclusion but it's just not clear.

IANAL and all that.

Re: Only 9% of visitors give GDPR consent to be tracked

#217

Post by nicbou »

blauditore wrote: post #206

What really drives me crazy are prompts that start by showing two options: "Consent to all cookies", or "customize". If you click "customize", it opens a new modal window with a loading indicator that just doesn't seem to finish. I literally waited 60 seconds and then tried again by refreshing the page, ending up with another infinite loading indicator. This means that users are de-factor forced to click "consent to…

If I can't opt out in two clicks, I leave the website and click the next search result.

Re: Only 9% of visitors give GDPR consent to be tracked

#218

Post by mrunkel »

CaptainZapp wrote: post #215
blauditore wrote: post #206

What really drives me crazy are prompts that start by showing two options: "Consent to all cookies", or "customize". If you click "customize", it opens a new modal window with a loading indicator that just doesn't seem to finish. I literally waited 60 seconds and then tried again by refreshing the page, ending up with another infinite loading indicator. This means that users are de-factor forced to click "consent to…

What's even worse is the same system (Customize) to then land on a 30 page privacy statement with instructions how to opt-out with each of their 140 "partners". Alternatively you get advised (also in the context of that 30 page privacy statement) to disable cookies.

Which, after laboriously opting out of all 130 options, will show you an error message that not all partners currently except opt-outs. It's infuriating.

Re: Only 9% of visitors give GDPR consent to be tracked

#219

Post by rocqua »

Nasrudith wrote: post #197
black_puppydog wrote: post #21

Earlier quoted context omitted.

More a problem of enforcement than the legislation IMO. It wouldn't take many cases to be properly litigated before publishers would understand this is a law that is to be obeyed like any other.

Those two are linked fundamentally - even medieval and ancient rulers hardly what we would call enlightened knew that making unenforcible laws only breed contempt. When they can set up anywhere and access everywhere it is asking to be flouted. Geolocated financial intergration is about the only area they can start to touch with enforcement. Without that they have about as much sway as a backwater dictatorship writing…

The law isn't unenforceable. The law is unenforced.

The reason it is unenforced is that the agencies that seem to have the responsibility to do so are understaffed and afraid of the drawn out litigation and political backlash.

Re: Only 9% of visitors give GDPR consent to be tracked

#220

Post by dimitrios1 »

beshrkayali wrote: post #213
blauditore wrote: post #206

What really drives me crazy are prompts that start by showing two options: "Consent to all cookies", or "customize". If you click "customize", it opens a new modal window with a loading indicator that just doesn't seem to finish. I literally waited 60 seconds and then tried again by refreshing the page, ending up with another infinite loading indicator. This means that users are de-factor forced to click "consent to…

DockerHub uses a company/product called "TrustArc: TRUSTe" and they have _exactly_ this method. The slowdown is intentional. People who come up with sort of tactics and those who implement them should go to jail. It's beyond infuriating. I've decided to not upload my images to dockerhub because of this. Edit: jail time is not for anger obviously, but for intentionally swindling people. It'll be handled on a case by c…

Causing you to get angry is all it takes to warrant justification for jail time in your eyes? I am thankful you aren't in charge of any lawmaking.
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