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The regulation already says that this kind of coercion is illegal and subject to admonishment and eventual fining. Sites that do not offer the equal choice bet

by bmn__ 7y ago

The regulation already says that this kind of coercion is illegal and subject to admonishment and eventual fining. Sites that do not offer the equal choice between "continue with privacy intrusion" and "continue without privacy intrusion" are definitely out of compliance since 2018. Report them to ankle-biters like http://noyb.eu http://noyb.eu if you feel like making the world a little bit better.

IshKebab 7y ago
Unfortunately it isn't very clear about it at all, and it actually only talks about it in advice about the legislation - not in the main body of the legislation. It also isn't clear if you can do things like "Click here to continue for free with tracking, or pay to access without tracking".
- matsemann 7y ago
  No, it's very clear. From the guidelines: > Consent will not be free in cases where there is any element of compulsion, pressure or inability to exercise free will
  - markandrewj 7y ago
    It should also be a law that customers can not be opted-in by default, or through consent buried in a 100 page TOS agreement. There should be a requirement that the question is presented to the user in a clear way.
    - zimpenfish 7y ago
      https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1528874672298&uri=CELEX:02016R0679-20160504 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=15288746... Article 7 is the key bit, specifically entry 2: "...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." (edited to remove superfluous GDPR reference)
      - markandrewj 7y ago
        GDPR unfortunately doesn't apply in North America. I know there may be other clauses in American, or Canadian law (I am Canadian), but this is in no way enforced. I can think of multiple services, where the first thing I have to do after creating an account, is go and toggle opt-out in all the places the setting has been buried.
    - matsemann 7y ago
      It is. The consent has to be explicit and informed.
      - gingerlime 7y ago
        But even companies like Apple (which claims to champion privacy) blatantly don’t seem to care https://blog.gingerlime.com/2020/does-apple-care-about-your-privacy/ https://blog.gingerlime.com/2020/does-apple-care-about-your-...

by bmn__ 7y ago

IshKebab 7y ago

Unfortunately it isn't very clear about it at all, and it actually only talks about it in advice about the legislation - not in the main body of the legislation. It also isn't clear if you can do things like "Click here to continue for free with tracking, or pay to access without tracking".

matsemann 7y ago
No, it's very clear. From the guidelines: > Consent will not be free in cases where there is any element of compulsion, pressure or inability to exercise free will
- markandrewj 7y ago
  It should also be a law that customers can not be opted-in by default, or through consent buried in a 100 page TOS agreement. There should be a requirement that the question is presented to the user in a clear way.
  - zimpenfish 7y ago
    https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1528874672298&uri=CELEX:02016R0679-20160504 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=15288746... Article 7 is the key bit, specifically entry 2: "...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." (edited to remove superfluous GDPR reference)
    - markandrewj 7y ago
      GDPR unfortunately doesn't apply in North America. I know there may be other clauses in American, or Canadian law (I am Canadian), but this is in no way enforced. I can think of multiple services, where the first thing I have to do after creating an account, is go and toggle opt-out in all the places the setting has been buried.
  - matsemann 7y ago
    It is. The consent has to be explicit and informed.
    - gingerlime 7y ago
      But even companies like Apple (which claims to champion privacy) blatantly don’t seem to care https://blog.gingerlime.com/2020/does-apple-care-about-your-privacy/ https://blog.gingerlime.com/2020/does-apple-care-about-your-...