6 ms·

Slightly on topic, afaik, techcrunch does not adhere to GDPR rules. It forces me to consent to ads and ad tracking while denying me the option to withheld my co

Slightly on topic, afaik, techcrunch does not adhere to GDPR rules. It forces me to consent to ads and ad tracking while denying me the option to withheld my consent.

oh_sigh 8y ago
Presumably that's because techcrunch doesn't operate in the EU and aren't bound by their regulations.
- deleted 8y ago
  [deleted]
- craigsmansion 8y ago
  If Techcrunch/Oath is selling/collecting Europeans' data, they are bound by the GDPR. Whether they have enough operations in the EU for the EU to enforce it is another matter.
  - oh_sigh 8y ago
    That is not true at all. I'd encourage you to generally make sure you understand an issue before making pronouncements like this. https://www.forbes.com/sites/forbestechcouncil/2017/12/04/yes-the-gdpr-will-affect-your-u-s-based-business/ https://www.forbes.com/sites/forbestechcouncil/2017/12/04/ye... > The organization would have to target a data subject in an EU country. Generic marketing doesn’t count. For example, a Dutch user who Googles and finds an English-language webpage written for U.S. consumers or B2B customers would not be covered under the GDPR. However, if the marketing is in the language of that country and there are references to EU users and customers, then the webpage would be considered targeted marketing and the GDPR will apply. If Techcrunch has offices or business partners in the EU, or targets EU users for example by having a Dutch-based version of their site, then they would need to comply with GDPR. But if they don't have any of that, then they don't need to comply.
- evgen 8y ago
  Given the number of events Techcrunch sponsors in Europe I find that a hard argument for them to make.
johnchristopher 8y ago
It doesn't force you to anything unless you click OK. And even then you can manage your preferences then with Oath.
- craigsmansion 8y ago
  It forces you to accept cookies that aren't necessary for the functioning of the site to view the content. According to the GDPR, you can't do that.
  - arcbyte 8y ago
    I don't know where this misconception comes from. Consent is totally different from contract - and both are part of reasons under the GDPR to use private data. True, consent requires necessity, but contract is wide open. When you click accept you aren't consenting, you are (theoretically) forming a contract, not consenting.
    - yorwba 8y ago
      > you are (theoretically) forming a contract, not consenting. How is forming a contract different from consenting? Do you mean to imply that a contract can be formed without consenting to the contract terms? The GDPR does allow processing if "[it] is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract" ( https://gdpr-info.eu/art-6-gdpr/ https://gdpr-info.eu/art-6-gdpr/ ), but if you want to argue that tracking is necessary to fulfill the contractual obligation to display personalized ads, then first you'd need to get consent for that contract. How to get that consent is outlined in https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/ , which says e.g.: "When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract." So is the contract with TechCrunch about reading articles or about looking at ads? And is the reading of articles conditional on the ads?
tyfon 8y ago
I have avoided them for a few months for this exact reason. I think once the different data authorities kick into action in Europe, many companies will get a nasty surprise.

Slightly on topic, afaik, techcrunch does not adhere to GDPR rules. It forces me to consent to ads and ad tracking while denying me the option to withheld my consent.

oh_sigh 8y ago

Presumably that's because techcrunch doesn't operate in the EU and aren't bound by their regulations.

deleted 8y ago
[deleted]
craigsmansion 8y ago
If Techcrunch/Oath is selling/collecting Europeans' data, they are bound by the GDPR. Whether they have enough operations in the EU for the EU to enforce it is another matter.
- oh_sigh 8y ago
  That is not true at all. I'd encourage you to generally make sure you understand an issue before making pronouncements like this. https://www.forbes.com/sites/forbestechcouncil/2017/12/04/yes-the-gdpr-will-affect-your-u-s-based-business/ https://www.forbes.com/sites/forbestechcouncil/2017/12/04/ye... > The organization would have to target a data subject in an EU country. Generic marketing doesn’t count. For example, a Dutch user who Googles and finds an English-language webpage written for U.S. consumers or B2B customers would not be covered under the GDPR. However, if the marketing is in the language of that country and there are references to EU users and customers, then the webpage would be considered targeted marketing and the GDPR will apply. If Techcrunch has offices or business partners in the EU, or targets EU users for example by having a Dutch-based version of their site, then they would need to comply with GDPR. But if they don't have any of that, then they don't need to comply.
evgen 8y ago
Given the number of events Techcrunch sponsors in Europe I find that a hard argument for them to make.

johnchristopher 8y ago

It doesn't force you to anything unless you click OK. And even then you can manage your preferences then with Oath.

craigsmansion 8y ago
It forces you to accept cookies that aren't necessary for the functioning of the site to view the content. According to the GDPR, you can't do that.
- arcbyte 8y ago
  I don't know where this misconception comes from. Consent is totally different from contract - and both are part of reasons under the GDPR to use private data. True, consent requires necessity, but contract is wide open. When you click accept you aren't consenting, you are (theoretically) forming a contract, not consenting.
  - yorwba 8y ago
    > you are (theoretically) forming a contract, not consenting. How is forming a contract different from consenting? Do you mean to imply that a contract can be formed without consenting to the contract terms? The GDPR does allow processing if "[it] is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract" ( https://gdpr-info.eu/art-6-gdpr/ https://gdpr-info.eu/art-6-gdpr/ ), but if you want to argue that tracking is necessary to fulfill the contractual obligation to display personalized ads, then first you'd need to get consent for that contract. How to get that consent is outlined in https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/ , which says e.g.: "When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract." So is the contract with TechCrunch about reading articles or about looking at ads? And is the reading of articles conditional on the ads?

tyfon 8y ago

I have avoided them for a few months for this exact reason. I think once the different data authorities kick into action in Europe, many companies will get a nasty surprise.