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I wonder what the longer term consequences are. OK, sure it's nice that right now every site or company I ever had any interaction with no longer feels like th

by gcp 8y ago

I wonder what the longer term consequences are. OK, sure it's nice that right now every site or company I ever had any interaction with no longer feels like they can keep my email on file to continuously spam me. But this state won't last right? I assume that everything I sign up for in the future will have a load of legalese to circumvent this as much as possible?

scaryclam 8y ago
One of the nice things about the legislation is that it's quite specific about not allowing consent to be buried in legalese. While I imagine things will soften up a little as companies realise they're not going to immediately get slapped with a fine, most companies will at least be more careful since its simple for complaints to be made. Most do not want to bring the ICO's attention to themselves.
- gcp 8y ago
  Thing is if everything puts up a big notice "YOU MUST AGREE TO BE TRACKED AND SOLD TO USE OUR SERVICE" then people will just click that.
  - e12e 8y ago
    There's provisions to make sure mandatory tracking, profiling is explicitly opt-in, and that there's a real alternative. That might be a fee (eg Gmail could let you pay x/month to disable all targeted ads - or rather; they might have an opt-in gratis/free service that had ads/tracking).
    - icebraining 8y ago
      I don't think that's true; they can offer a paid version or a free version, but they can't offer a version "paid with tracking", even if there's an alternative.
  - krageon 8y ago
    That is coercive, and therefore does not comply (nor does it actually mean consent).
  - dingaling 8y ago
    > then people will just click that. I'm not certain of that. I think that GDPR's biggest effect, even before going live, was to raise awareness of what companies do with their data. My wife is not particularly technical but has received four e-mails from a hobby magazine pleading with her, increasingly desperately, to opt-in to marketing. That has caused her to wonder why they're so desperate. Why is her information so valuable to them? What do they do with it? So she has decided not to renew her subscription.
  - lagadu 8y ago
    You can't withhold service based on accepting non-essential data collection without offering alternatives, that falls under coercion and is a direct violation of the regulation. Should you ever see that report them immediately (something I already did once today).
    - gcp 8y ago
      Thank you, I did not know this.
tremon 8y ago
The GDPR specifically says that EULA provisions have no effect on the validity of the regulation. Quoting from article 7 [1]: If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding. [1] https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/

by gcp 8y ago

scaryclam 8y ago

One of the nice things about the legislation is that it's quite specific about not allowing consent to be buried in legalese. While I imagine things will soften up a little as companies realise they're not going to immediately get slapped with a fine, most companies will at least be more careful since its simple for complaints to be made. Most do not want to bring the ICO's attention to themselves.

gcp 8y ago
Thing is if everything puts up a big notice "YOU MUST AGREE TO BE TRACKED AND SOLD TO USE OUR SERVICE" then people will just click that.
- e12e 8y ago
  There's provisions to make sure mandatory tracking, profiling is explicitly opt-in, and that there's a real alternative. That might be a fee (eg Gmail could let you pay x/month to disable all targeted ads - or rather; they might have an opt-in gratis/free service that had ads/tracking).
  - icebraining 8y ago
    I don't think that's true; they can offer a paid version or a free version, but they can't offer a version "paid with tracking", even if there's an alternative.
- krageon 8y ago
  That is coercive, and therefore does not comply (nor does it actually mean consent).
- dingaling 8y ago
  > then people will just click that. I'm not certain of that. I think that GDPR's biggest effect, even before going live, was to raise awareness of what companies do with their data. My wife is not particularly technical but has received four e-mails from a hobby magazine pleading with her, increasingly desperately, to opt-in to marketing. That has caused her to wonder why they're so desperate. Why is her information so valuable to them? What do they do with it? So she has decided not to renew her subscription.
- lagadu 8y ago
  You can't withhold service based on accepting non-essential data collection without offering alternatives, that falls under coercion and is a direct violation of the regulation. Should you ever see that report them immediately (something I already did once today).
  - gcp 8y ago
    Thank you, I did not know this.

tremon 8y ago

The GDPR specifically says that EULA provisions have no effect on the validity of the regulation. Quoting from article 7 [1]: If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding. [1] https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/