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Click through EULAs are not legal documents. This has been established. It's also unlawful under the GDPR.
by danmg 8y ago
Click through EULAs are not legal documents. This has been established.
It's also unlawful under the GDPR.
- blackoil 8y agoDoes telemetry contains any data that comes under GDPR?
- naikrovek 8y agoThey very much are legal documents, and they are binding.
- danmg 8y agoNope. Specht v. Netscape Communications Corp. dealt exactly with this sort of click through 'telemetry'. Doesn't matter if it's in a shrinkwrap license.
- ineedasername 8y agoEh, not quite so clear-cut. There were some big caveats in that decision "clicking on a download button does not show assent to license terms if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license" [0] It doesn't appear to say clickwraps are non-binding, only that it has to be "conspicuous" and basically that a user knew they were agreeing to something. Unfortunately that too is open to interpretation. As with most things of this nature, if someone wants to sue, they can sue, and it's a resource fight in the courts. [0] https://en.wikipedia.org/wiki/Specht_v._Netscape_Communications_Corp https://en.wikipedia.org/wiki/Specht_v._Netscape_Communicati....
- naikrovek 8y agoYep. I've got an attorney standing right next to me saying they are.
- jhall1468 8y agoYes they are as long as it's clear you are agreeing to something, which is why pop-up EULA's have an I agree button and obligate you to scroll to the bottom. GDPR does not make collecting aggregate data unlawful, so unless you can prove that the data collection is identifiable then GDPR doesn't apply.
- danmg 8y agoIt's impossible to 'anonymize' telemetry data. It's meaningless since it can be 'de-anonymized' usually within a few queries. Claiming that it's 'anonymized' is just a marketing word used by tech companies.