7 ms·

It violates GDPR, so it's illegal in the EU in general (plus UK & Switzerland). The relevant parts are Article 7 Paragraph 4, and Recital 43. In short, consent

• deleted 6y ago
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• vinay427 6y ago
  EDIT: Maybe this wasn't clear, but I was replying specifically to this part in the parent comment: "violates GDPR, so it's illegal in the EU in general (plus UK & Switzerland)" as GDPR never specifically applied in Switzerland. I'm not sure it applies to Switzerland. GDPR at least doesn't seem to apply to Swiss companies catering to Swiss residents [1], so I'm not sure it would apply to Facebook/Oculus here. Also, if we're going for completeness EU/EEA is included as far as I know, not just EU. [1] https://www.pwc.ch/en/insights/tax/gdpr-swiss-based-companies.html https://www.pwc.ch/en/insights/tax/gdpr-swiss-based-companie...
  • baby 6y ago
    switzerland is not in EU
    • vinay427 6y ago
      Yes, I live in Switzerland and am well aware. I was replying to the parent comment.
    • IfOnlyYouKnew 6y ago
      It is, however, member of EFTA, the Single Market Agreement, Schengen, and the European Conference for the Protection of Spotted Eels (but not the Customs Union, nor EEA). It also has a host of individual agreements to participate in Bologna and the like. As a result, any given EU regulation, especially of the economy, is more likely than not to also apply to Switzerland.
  • dathinab 6y ago
    Well maybe they have similar regulations. So well it's a bit strange. Through GDPR applies to any company selling to the EU, the fact that you can easily travel to Switzerland to buy a product due to more or less open borders and import it to the EU can matter in some cases. So to be "safe" I wouldn't be surprised if they would need to put geo-fencing in to be on the safe site. Due to Facebook repeatedly intentionally breaching or trying to undermine EU (and member states) laws and regulations (because the penalties are lower then their profit) there isn't really much (any?) good-will left with the local and EU law keepers (except in Ireland, because money) . So there is a good chance law keepers won't give FB any flex when FB is trying to sell a physical product, a think for which there are much more regulations then for FB itself (like health&safety, proper advertisement etc.). For example they will very likely need to put a clear readable "requires internet","requires a FB account" to be used note on their boxes (and internet sale descriptions). Because a large degree of the usability is restricted without a FB account. Which is something I believe FB doesn't like at all ;=)
  • lmkg 6y ago
    This is a bit late. For most people this is a footnote, but for you it actually matters. The UK passed (implemented?) GDPR as a law while it was in the EU, and will retain that law after it leaves the EU. However, its interpretation of GDPR will be allowed to diverge. For one thing, the court case "Schrems II" is from an EU case post-Brexit, so it is not binding on the UK's interpretation of GDPR. This is going to be a pain point for the UK as it attempts to maintain data flows with the EU. I overstated and got confused about Switzerland's relationship to GDPR. I for some reason thought they signed a treaty with the EU had materially similar terms as GDPR. It seems what's actually in effect is an Adequacy Decision, where the EU recognizes Switzerland's data protection laws as being "good enough" that all data transfers to Switzerland don't need extra protections. Part of my confusion is that Switzerland also recognizes the US Privacy Shield framework, along with the EU and UK. So there's EU-Privacy Shield (dead), UK-Privacy Shield, Swiss-Privacy Shield, EU-GDPR, and UK-GDPR. I had thought there was also Swiss-GDPR, but there is not.
• deleted 6y ago
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