Good to see them taking this seriously. I get the impression a lot of sites/services make expansive use of the legitimate interest provision.
Intent to issue €2.5M fine to Disqus over GDPR breaches
71–80 of 123 posts
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#72Earlier quoted context omitted.
Yes. Any EU citizen in our out of country has their PII protected by EU law, regardless of who processes that data. A pop-up or ToU would not skirt the visitors rights, regardless of what the message said and regardless of the action the user took as a result of the message
>Any EU citizen in our out of country has their PII protected by EU law, regardless of who processes that data. No, that's wrong. First of all, the GDPR does not take in to consideration citizenship, at all. The Regulation targets location rather than nationality . In other words, if either the data subject or data controller are in the EU/EEA then the GDPR applies, even if the other party is not in the EU/EEA (The U…
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#73Try blocking Disqus with uBlock Origin, turns out you probably won't miss it ||disqus.com^ You could also try a dynamic filter and disable it on a per-site basis * disqus.com * block Or try "medium mode" to take care of Disqus and a whole host of other third party resources that track you https://github.com/gorhill/uBlock/wiki/Blocking-mode:-medium...
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#74More background: The fine is mainly based on the fact that Disqus forgot to enroll Norwegian IP-addresses into their GDPR «privacy mode». That meant that websites that had enabled a specific setting ("Enable anonymous cookie targeting") in Disqus were tracking Norwegian without informing them. Most of the websites in Norway and elsewhere did not know they were sharing users data through Disqus. Major sites like the W…
"Most of the websites in Norway and elsewhere did not know they were sharing users data through Disqus." Not to sound too clever, but I would assume if I embed a third party on my website, all bets are off considering privacy/data flow. Only the biggest services with the biggest publicity like GA have rudimentary privacy (opt-out, IP anonymization).
That you have to take care of these things is kind of the point of GDPR. If you don't know what some embedded server will do with users data, don't use it. No more fast and loose.
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#75Earlier quoted context omitted.
I guess if you have a company that is completely isolated from the EU, you just ignore EU fines. But is that the case with Disqus? They are collecting marketing information on citizens of the EU. Who is buying that information? I would assume that Disqus does business with EU companies that want that information. Either that, or they do business with other international companies that do business with EU companies. A…
This is Norway, not the EU. Norway just happened to implement an EU law.
[0] https://en.wikipedia.org/wiki/European_Economic_Area
[1] https://en.wikipedia.org/wiki/European_Economic_Area#Rights_...
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#76What is the deal with the GDPR vis-a-vis US companies? If we have a company incorporated solely in the USA that has web content that violates the GDPR but shows a popup and states in its ToU that the website is not to be used by any person or entity in countries that follow the GDPR, can our company be fined under the GDPR? In other words, do GDPR countries claim jurisdiction over non-GDPR countries' websites?
I guess if you have a company that is completely isolated from the EU, you just ignore EU fines. But is that the case with Disqus? They are collecting marketing information on citizens of the EU. Who is buying that information? I would assume that Disqus does business with EU companies that want that information. Either that, or they do business with other international companies that do business with EU companies. A…
Ignoring legitimate fines seems like a pretty bad idea. I think most countries have law to the effect that the directors of the company being fined are liable, so if you skip those fines then one of the directors goes on holiday to that country then they could be sent to prison.
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#77Earlier quoted context omitted.
"forgot"
Forgetting for a single country (which is also not part of the EU) certainly seems plausible, more plausible than a targeted attempt at undermining the GDPR in a very specific country
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#78Earlier quoted context omitted.
I guess if you have a company that is completely isolated from the EU, you just ignore EU fines. But is that the case with Disqus? They are collecting marketing information on citizens of the EU. Who is buying that information? I would assume that Disqus does business with EU companies that want that information. Either that, or they do business with other international companies that do business with EU companies. A…
> I guess if you have a company that is completely isolated from the EU, you just ignore EU fines. Ignoring legitimate fines seems like a pretty bad idea. I think most countries have law to the effect that the directors of the company being fined are liable, so if you skip those fines then one of the directors goes on holiday to that country then they could be sent to prison.
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#79What is the deal with the GDPR vis-a-vis US companies? If we have a company incorporated solely in the USA that has web content that violates the GDPR but shows a popup and states in its ToU that the website is not to be used by any person or entity in countries that follow the GDPR, can our company be fined under the GDPR? In other words, do GDPR countries claim jurisdiction over non-GDPR countries' websites?
Re: Intent to issue €2.5M fine to Disqus over GDPR breaches
#80> Based on our investigation so far, we believe that Disqus could not rely on legitimate interest as a legal basis for tracking across websites, services or devices, profiling and disclosure of personal data for marketing purposes, and that this type of tracking would require consent Good to see them taking this seriously. I get the impression a lot of sites/services make expansive use of the legitimate interest prov…
Ad-tech companies get more and more emboldened lately. They see that the GDPR is not really enforced, they assume that big, cash-rich companies will get taken on first, competitors are doing it too, so they gamble they can get away paying lip service to GDPR while continuing their illegal tracking practices.
I have seen several startups pitching schemes that seem blatantly illegal to me, while assuring that their tech is fully compliant. Often using the words "legitimate interest" to prove this point.