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They don't. That's not a legitimate interest. While I live in the US, I used an EU VPN for a few weeks just to see what would actually happen under GDPR as an

They don't. That's not a legitimate interest. While I live in the US, I used an EU VPN for a few weeks just to see what would actually happen under GDPR as an EU user. I couldn't stand the popups after a while - GDPR has ruined the user experience of the web for 500 million people. But through that experience I saw that most sites based in the EU are either a) ignoring GDPR entirely, or b) taking the position that showing ads from third party ad networks without specific consent is a "legitimate interest" - whether you agree with that position or not. I also witnessed countless sites that required user consent in order to view content.

Nursie 8y ago
> GDPR has ruined the user experience of the web for 500 million people No, that would be tracking and targeted advertising. No data processing - no need for popups or consent. If you want to sell me out to the highest bidder then you need to ask, and ruin the look of your site. Your problem, not mine. > I saw that most sites based in the EU are either a) ignoring GDPR entirely, or b) taking the position that showing ads from third party ad networks without specific consent is a "legitimate interest" - whether you agree with that position or not. I also witnessed countless sites that required user consent in order to view content. The law hasn't been in place for that long, and it will take a while for things to catch up. Your last two types of site there are specifically disallowed, and the first just naive.
- merijnv 8y ago
  > showing ads from third party ad networks without specific consent Showing third party ads without consent is perfectly fine. IFF you don't gather, share, or process any personal data in doing so. If they serve static non-personalised ads, that's perfectly GDPR compliant.
  - hadrien01 8y ago
    You could also serve ads relevant to the page, e.g. an article about a country with tourism ads.
tremon 8y ago
It doesn't really matter whether you or I agree with that position. The point is that the GDPR doesn't agree with that position -- and that has been made explicitly in the regulation: https://www.gdpreu.org/the-regulation/key-concepts/legitimate-interest/ https://www.gdpreu.org/the-regulation/key-concepts/legitimat... Even when data processing is necessary to the controller, such legitimate interests must be weighed against “the interests or fundamental rights and freedoms of the data subject”. Should data controllers justify processing without consent based on this subparagraph, they will need to be prepared to prove legitimate interests (a higher burden) relative to the implied general interests of data subjects. So businesses will need to argue that their interest (income) outweighs the interests of their users (not to be sold out). Specifically, when it comes to advertising itself as a legimate interest: Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing, including profiling to the extent that it is related to such direct marketing, whether with regard to initial or further processing, at any time and free of charge. That right should be explicitly brought to the attention of the data subject and presented clearly and separately from any other information.
- deleted 8y ago
  [deleted]
dmitriid 8y ago
When you visit a U.S. newspaper (forget which one) you're greeted with a page. That page has a text blob which reads something like this: "We value your personal data, and so, because of GDPR we can't show you our content until we figure out how to show it in Europe". Which is funny. Because they clearly don't care about personal data if you're in the U.S. Hopefully in a few years (and hopefully a few multi-million dollar lawsuits later) the industry will learn to actually value my personal data and choices.
- MandieD 8y ago
  It feels like at last half of the local papers in the US are doing this, including my hometown paper, the Temple Daily Telegram (http://www.tdtnews.com http://www.tdtnews.com - https redirects to http, of all things...)

Nursie 8y ago

> GDPR has ruined the user experience of the web for 500 million people No, that would be tracking and targeted advertising. No data processing - no need for popups or consent. If you want to sell me out to the highest bidder then you need to ask, and ruin the look of your site. Your problem, not mine. > I saw that most sites based in the EU are either a) ignoring GDPR entirely, or b) taking the position that showing ads from third party ad networks without specific consent is a "legitimate interest" - whether you agree with that position or not. I also witnessed countless sites that required user consent in order to view content. The law hasn't been in place for that long, and it will take a while for things to catch up. Your last two types of site there are specifically disallowed, and the first just naive.

merijnv 8y ago
> showing ads from third party ad networks without specific consent Showing third party ads without consent is perfectly fine. IFF you don't gather, share, or process any personal data in doing so. If they serve static non-personalised ads, that's perfectly GDPR compliant.
- hadrien01 8y ago
  You could also serve ads relevant to the page, e.g. an article about a country with tourism ads.

tremon 8y ago

It doesn't really matter whether you or I agree with that position. The point is that the GDPR doesn't agree with that position -- and that has been made explicitly in the regulation: https://www.gdpreu.org/the-regulation/key-concepts/legitimate-interest/ https://www.gdpreu.org/the-regulation/key-concepts/legitimat... Even when data processing is necessary to the controller, such legitimate interests must be weighed against “the interests or fundamental rights and freedoms of the data subject”. Should data controllers justify processing without consent based on this subparagraph, they will need to be prepared to prove legitimate interests (a higher burden) relative to the implied general interests of data subjects. So businesses will need to argue that their interest (income) outweighs the interests of their users (not to be sold out). Specifically, when it comes to advertising itself as a legimate interest: Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing, including profiling to the extent that it is related to such direct marketing, whether with regard to initial or further processing, at any time and free of charge. That right should be explicitly brought to the attention of the data subject and presented clearly and separately from any other information.

deleted 8y ago
[deleted]

dmitriid 8y ago

When you visit a U.S. newspaper (forget which one) you're greeted with a page. That page has a text blob which reads something like this: "We value your personal data, and so, because of GDPR we can't show you our content until we figure out how to show it in Europe". Which is funny. Because they clearly don't care about personal data if you're in the U.S. Hopefully in a few years (and hopefully a few multi-million dollar lawsuits later) the industry will learn to actually value my personal data and choices.

MandieD 8y ago
It feels like at last half of the local papers in the US are doing this, including my hometown paper, the Temple Daily Telegram (http://www.tdtnews.com http://www.tdtnews.com - https redirects to http, of all things...)