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> Or maybe make users sign away their rights on their next login The GDPR explicitly disallows this. You're not allowed to make access to your service conditio

> Or maybe make users sign away their rights on their next login The GDPR explicitly disallows this. You're not allowed to make access to your service conditional on consent because it's considered to be "not true consent".

wtfstatists 9y ago
Expanding on this, official guideline on consent [1] gives 2 relevant examples. TLDR: you cannot offer no, degraded or higher-priced service if consent is not given. I would say this is effectively banning targeted ads as revenue stream. IMO this goes too far. [Example 1] A mobile app for photo editing asks its users to have their GPS localisation activated for the use of its services. The app also tells its users it will use the collected data for behavioural advertising purposes. Neither geo-localisation or online behavioural advertising are necessary for the provision of the photo editing service and go beyond the delivery of the core service provided. Since users cannot use the app without consenting to these purposes, the consent cannot be considered as being freely given. [Example 6] A bank asks customers for consent to use their payment details for marketing purposes. This processing activity is not necessary for the performance of the contract with the customer and the delivery of ordinary bank account services. If the customer’s refusal to consent to this processing purpose would lead to the denial of banking services, closure of the bank account, or an increase of the fee, consent cannot be freely given or revoked. [1] http://ec.europa.eu/newsroom/just/document.cfm?doc_id=48849 http://ec.europa.eu/newsroom/just/document.cfm?doc_id=48849
- TeMPOraL 9y ago
  And IMO this is exactly right, and I'm actually surprised people tolerated the current state of things for so long. The examples you quoted are clear-cut cases of abusing the user. Marketing is cancer on society, and it infected everything deeply. I welcome anything that changes the incentives so that it's less rather than more profitable to try and suck in every piece of data you can get your hands on.
  - foobiekr 9y ago
    I agree with the spirit of this but can’t help but believe that the Googles and Facebooks if the world will just ignore the intent and get away with it. Their profit margins basically require them to do so.
    - TeMPOraL 9y ago
      They'll try, for sure. We'll see how this pans out pretty soon now.
Sylos 9y ago
And to calm the people needing to implement the GDPR in companies: This does not apply, if you actually need the data to provide the service. For example, in an online shop, you obviously need to process the address of your customer in order to ship them whatever they bought. You also need to store their name and such, because law requires that when doing financial transactions. So, if the user does not want to provide you these, you do not need to make the impossible possible. The exact law text is in article 7, section 4. https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/

wtfstatists 9y ago

Expanding on this, official guideline on consent [1] gives 2 relevant examples. TLDR: you cannot offer no, degraded or higher-priced service if consent is not given. I would say this is effectively banning targeted ads as revenue stream. IMO this goes too far. [Example 1] A mobile app for photo editing asks its users to have their GPS localisation activated for the use of its services. The app also tells its users it will use the collected data for behavioural advertising purposes. Neither geo-localisation or online behavioural advertising are necessary for the provision of the photo editing service and go beyond the delivery of the core service provided. Since users cannot use the app without consenting to these purposes, the consent cannot be considered as being freely given. [Example 6] A bank asks customers for consent to use their payment details for marketing purposes. This processing activity is not necessary for the performance of the contract with the customer and the delivery of ordinary bank account services. If the customer’s refusal to consent to this processing purpose would lead to the denial of banking services, closure of the bank account, or an increase of the fee, consent cannot be freely given or revoked. [1] http://ec.europa.eu/newsroom/just/document.cfm?doc_id=48849 http://ec.europa.eu/newsroom/just/document.cfm?doc_id=48849

TeMPOraL 9y ago
And IMO this is exactly right, and I'm actually surprised people tolerated the current state of things for so long. The examples you quoted are clear-cut cases of abusing the user. Marketing is cancer on society, and it infected everything deeply. I welcome anything that changes the incentives so that it's less rather than more profitable to try and suck in every piece of data you can get your hands on.
- foobiekr 9y ago
  I agree with the spirit of this but can’t help but believe that the Googles and Facebooks if the world will just ignore the intent and get away with it. Their profit margins basically require them to do so.
  - TeMPOraL 9y ago
    They'll try, for sure. We'll see how this pans out pretty soon now.

Sylos 9y ago

And to calm the people needing to implement the GDPR in companies: This does not apply, if you actually need the data to provide the service. For example, in an online shop, you obviously need to process the address of your customer in order to ship them whatever they bought. You also need to store their name and such, because law requires that when doing financial transactions. So, if the user does not want to provide you these, you do not need to make the impossible possible. The exact law text is in article 7, section 4. https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/