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Facebook to change user terms, limiting effect of EU privacy law

reuters.com

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Re: Facebook to change user terms, limiting effect of EU privacy law

#251

Post by tobltobs »

calgoo wrote: post #239
tobltobs wrote: post #225

Earlier quoted context omitted.

You missed the part about the blog comments. He would also need to implement a mechanism which allows users to delete their old comments.

Not to stretch out this comment any more, but are we seriously arguing that adding a delete button is hard? I mean, most people on here would agree that its not something they would worry about. It sounds more like people are upset they are forced to do it, and have no say in it.

How want you add a delete button with out adding a complete login system? Or do you want to allow everybody to delete every comment? And of course this is also doable, but the question is, is it worth for a non profit (non tracking) blog? Probably not. Is it worth for Facebook and Google? Sure.

Re: Facebook to change user terms, limiting effect of EU privacy law

#252

Post by ginko »

patrickaljord wrote: post #172
mikekchar wrote: post #152

Earlier quoted context omitted.

The really, really, really awesome thing about GDPR is that you can't deny service because someone wants to opt out of sharing their data. You actually have to keep their account active and make it work somehow. If you can't, then you are libel for a really huge penalty. I can't add enough smileys to that, so you will just have to imagine them.

> The really, really, really awesome thing about GDPR is that you can't deny service because someone wants to opt out of sharing their data. That's actually pretty horrible. How about freedom of association and freedom to contract? These two are basic human rights. If one thinks their privacy rights are not respected they are free not to associate or contract and same thing for the entity on the other side of the con…

Companies aren't humans. They only have the rights we choose to give them.

Re: Facebook to change user terms, limiting effect of EU privacy law

#253

Post by vageli »

dogma1138 wrote: post #193
morgante wrote: post #177

Earlier quoted context omitted.

> Again, this applies to US companies even if it's a single record of EU personal data. This is part of why I think GDPR is a disaster for startups. It's a massive regulatory burden which big companies will be able to comply with but small startups don't have the legal horsepower to handle. Typical EU regulatory overreach.

I don't know why people were downvoting this. GDPR outside of the EU (for purely non-EU entities) is a non sequitur there are zero internal processes to make it work. Lets take the most basic example the GDPR does not apply in a vacuum it's enforced and supported by Data Protection Agencies (DPA) in each member state which are responsible to ensure that companies in those member states comply with EU regulation like…

So, given that there's no DPA in the US (as far as I'm aware, there are also none in China, India, Australia, etc), how would the GDPR be enforced against an entity with no physical presence in the EU?

Re: Facebook to change user terms, limiting effect of EU privacy law

#254

Post by fastball »

rmc wrote: post #157
mikekchar wrote: post #114

This article is really confusing. Basically the point is that under the current terms of service they tell you that if you are outside of the US then you are doing business with their Ireland office. Since the Ireland office is in the EU, it is subject to the GDPR. So that means that everybody outside of the US will be covered by the GDPR (because they are doing business with an EU company). They are changing their t…

I predict Max Schrems will continue his legal cases against Facebook. He has co-founded an NGO (NOYB) which has raised €330k in donations & membership fees to use the GDPR to protect privacy. https://noyb.eu/

What does noyb mean? I can't see it anywhere and it's really frustrating me.

Re: Facebook to change user terms, limiting effect of EU privacy law

#255

Post by pbhjpbhj »

morgante wrote: post #220
trumpeta wrote: post #218

Earlier quoted context omitted.

I'm not a lawyer, but I would think your Argentina company can be in one of 2 states: 1. You have a subsidiary in EU, in which case that is who will get fined or will have to deal with the DPA where it is registered 2. You don't, in which case the EU can not fine you?

I don't think any of this is entirely clear, but from my understanding it seems like the EU wants to apply GDPR even if you don't have an EU presence. In practice, I doubt that they'd get the US to enforce judgements. But it might mean that I can never risk going to Europe again lest I risk having a default judgement enforced against me for one of my businesses.

If your store front is accessible to EU based citizens then you have an EU presence.

Re: Facebook to change user terms, limiting effect of EU privacy law

#256

Post by pbhjpbhj »

tobltobs wrote: post #225
mpfundstein wrote: post #216

Earlier quoted context omitted.

He can also just choose to not log ip addresses.

You missed the part about the blog comments. He would also need to implement a mechanism which allows users to delete their old comments.

The mechanism is they send you an email, you verify it as you wish (have them post a comment using their credentials), you overwrite all comments from that uid in the db with a simple query?

If you're using a CMS then it's going to be type the username and hit "delete all comments"; maybe WordPress et al. do this already.

With a small blog the administration of that is going to be facile, surely.

Re: Facebook to change user terms, limiting effect of EU privacy law

#257

Post by apexalpha »

furyg3 wrote: post #189

How does Facebook determine if a user resides in the EU? Based on the location that they give Facebook? Based on their IP address? Phone number?

99% of people give FB their location.

Perhaps as just if (EU IP | EU LANGUAGE | EU PHONE NUMBER | EU LOCATION SET) == EU.

Just to be safe for a massive 4% of global REVENUE fine.

Re: Facebook to change user terms, limiting effect of EU privacy law

#258

Post by hartator »

shawa_a_a wrote: post #198
morgante wrote: post #177

Earlier quoted context omitted.

> Again, this applies to US companies even if it's a single record of EU personal data. This is part of why I think GDPR is a disaster for startups. It's a massive regulatory burden which big companies will be able to comply with but small startups don't have the legal horsepower to handle. Typical EU regulatory overreach.

What aspects of the law are disastrous for startups? What startups might see as a "massive regulatory burden", I see it as, at long last, a means of finally holding irresponsible companies to account. The spirit of the law is really quite simple; my personal data is an extension of me, and if you want to store or process it, you need a legal basis for doing so, and need to be able to demonstrate this legal basis to m…

> my personal data is an extension of me, and if you want to store or process it, you need a legal basis for doing so, and need to be able to demonstrate this legal basis to me.

In the U.S., freedom of speech usually trumps privacy rights. It will be very damageable if the supreme court ruled that any EU citizen can limit US speeches based on their laws.

Re: Facebook to change user terms, limiting effect of EU privacy law

#259

Post by pbhjpbhj »

pc86 wrote: post #234
donogh wrote: post #139

Earlier quoted context omitted.

Not contradicting, worth pointing out for the Americans in the audience: even if you have an exclusively US-based company, working with any EU users means you are in scope for GDPR. The consequences for violating GDPR are quite severe -- up to 20 million euro, or 4% of global turnover, whichever is greater . Again, this applies to US companies even if it's a single record of EU personal data. Furthermore, individuals…

If you run a small US company with a few hundred paying customers and low single digit EU customers, how is the EU going to penalize you? Especially if those EU customers' funds go directly to a US bank account?

Maybe put you on a naughty list and inhibit internet access - as the UK does for TPB, et al.?

Re: Facebook to change user terms, limiting effect of EU privacy law

#260

Post by deepbreath »

rplnt wrote: post #230
morgante wrote: post #208

Earlier quoted context omitted.

The scope of personal data is disastrously large and the guidance is fuzzy at best. Take, for example, my old blog. It has commenting enabled and a standard Apache config (where logs include IP addresses). If I want to comply with GDPR, I have to do a bunch of work around log rotation/encryption, provide tools for old commenters to go back and remove their information, and this is even the simple case that I'm not us…

IP by itself is not considered private. It's only when you attach it to other identifying data. Anonymous comments are not covered with GDPR.

> Anonymous comments

Wordpress asks for your name and e-mail to post a comment, doesn't it?

I guess the tuple (ip,name,email,comment_text) is PII?

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