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I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

thatprivacyguy.com

21–30 of 308 posts

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#21

If I did business in the EU, I would be banning this chap from my services on the basis that the risk he poses to the business is too great...

In other words, you'd ban someone because they might notice that you are doing illegal stuff and you might get caught.

Follow the laws and it isn't an issue. I'm pretty sure banning someone for that stuff is probably illegal, too.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#22

I'm glad it all worked out for this individual. I hope more people live their lives like this as the dystopia progresses. Unfortunately, especially in the US, exercising your rights, or even just reading every paper you're expected to put your name to, not only constantly pisses people off for some reason, but also puts you at a significant disadvantage compared to the people that never push back in the interest of n…

> Unfortunately, especially in the US, exercising your rights, or even just reading every paper you're expected to put your name to, not only constantly pisses people off for some reason

Yup. It's particularly sad seeing other people in this very thread talking about how they would "ban this customer for life" just for knowing their rights.

I think it's pathetic that this has become the culture amongst large swathes of Americans - especially ones who consider themselves patriotic. This country was founded in rebellion and the assertion of our rights, and somehow the exact opposite is now the ideal of many citizens now.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#23

> The reply I received a few days later did me the favour of putting the violation on the record. Their position, in their own words, was that "in order to receive marketing / offers, it is a condition to be a member of the customer club." That one sentence is the whole case. They had taken a right I am entitled to exercise for free and turned it into the price of admission. I don’t understand… it would be one thing…

sounded exactly like translation error from a German-related lang.

e.g. "to receive offers...is a condition to be in..."

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#24

If I did business in the EU, I would be banning this chap from my services on the basis that the risk he poses to the business is too great...

Just awoid some jurisdictions. Bulgaria is in EU, has all the same access, and has no time for this BS.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#25

The image isn't loading for me, all I see is the prompt used to generate it - which is genuinely preferable.

For me it was showing the image and the prompt, but the whole page was unstyled. But when I reloaded the page now, the css loaded also and the prompt is not shown.

I guess the web server was temporarily overwhelmed by traffic resulting in images (like for you) and css files (like for me) not being consistently served to all visitors.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#26
I wonder if anyone who are cheering this fine, actually read and tried to implement GDPR. It is a nightmare to be fully compliant for small companies.

It is mostly just a theater (like endless cookie consent dialogs in anonymous browsing), to employ more experts and bureaucrats.

EU is now pushing privacy laws that severely undermine privacy.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#27

If I did business in the EU, I would be banning this chap from my services on the basis that the risk he poses to the business is too great...

Just awoid some jurisdictions. Bulgaria is in EU, has all the same access, and has no time for this BS.

You can see the fines the Bulgarian regulator has handed out here:

https://www.enforcementtracker.com/

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#28

I'm glad it all worked out for this individual. I hope more people live their lives like this as the dystopia progresses. Unfortunately, especially in the US, exercising your rights, or even just reading every paper you're expected to put your name to, not only constantly pisses people off for some reason, but also puts you at a significant disadvantage compared to the people that never push back in the interest of n…

Once I rented an apartment in US, and the documents said that they can make videos, pictures and audio recordings of me and my family, and use it for their own purposes including commercial. I objected, but their position was that no one is going to involve legal department for me, and I am free to go away.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#29
post #14

Earlier quoted context omitted.

Because if, as the regulator, you fail to benchmark what they gained then your laws can be ignored and your fines paid as simply a cost of doing business. Its why you find the Australian regulator for consumer affairs handing out $200m+ fines to telecommunications companies, for example.

By that logic regulators should lower fines if the action wasn’t profitable. Which creates an expensive legal fight around the net profits of some action were after guilt is determined. Instead, it’s much better to scale fines based on the scale of the entity involved, which also results in huge fines, but it’s easier to measure revenue. Thus the fines are more broadly effective, and you can still escalate if they do…

[deleted]

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#30
post #14

Earlier quoted context omitted.

Because if, as the regulator, you fail to benchmark what they gained then your laws can be ignored and your fines paid as simply a cost of doing business. Its why you find the Australian regulator for consumer affairs handing out $200m+ fines to telecommunications companies, for example.

By that logic regulators should lower fines if the action wasn’t profitable. Which creates an expensive legal fight around the net profits of some action were after guilt is determined. Instead, it’s much better to scale fines based on the scale of the entity involved, which also results in huge fines, but it’s easier to measure revenue. Thus the fines are more broadly effective, and you can still escalate if they do…

Like in Finland where speeding ticket fines are based on your income. For instance, in one well known case a businessman was fined €121,000 for going 82 km/h in a 50 km/h zone.
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