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I'm not saying it's a good way to do this. But they clearly state so. 'By scrolling, you are agreeing to use of cookies for marketing ' . They give you a good,

by ffpip 6y ago

I'm not saying it's a good way to do this. But they clearly state so. 'By scrolling, you are agreeing to use of cookies for marketing ' . They give you a good,easy way to opt out too.

Macha 6y ago
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/consent/what-is-valid-consent/#what4 https://ico.org.uk/for-organisations/guide-to-data-protectio... > You may not rely on silence, inactivity, default settings, pre-ticked boxes or your general terms and conditions, or seek to take advantage of inertia, inattention or default bias in any other way. All of these methods also involve ambiguity – and for consent to be valid it must be both unambiguous and affirmative. It must be clear that the individual deliberately and actively chose to consent
PeterisP 6y ago
A good way to do what? Clearly stating something does not make it true, because, to make it really clear, by reading this you definitely agree that you owe me $100. The GDPR approach is that processing personal data by companies is prohibited by default, unless they can point out one of the specific GDPR subsections that permits that particular purpose of processing. They are not allowed to use my personal data for marketing unless specific conditions are met. Scrolling past a statement 'By scrolling, you are agreeing to use of cookies for marketing' does not meet these specific conditions, no matter how clearly its said, so the banner legally makes no difference whatsoever, it does not mean that I'm agreeing to anything, it's exactly as if it wasn't there, and that clear statement is simply a lie. And the "good,easy way to opt out" does not matter, after the opt-out it's just as illegal for them to use data as before the opt-out, since I did not opt-in. If they're using my data without an intentional opt-in, then they're untrustworthy cheaters anyway, there's no reason to try to opt-out of something that I didn't opt-in to, this should be handled by the regulator who will be able to audit them to verify if they have actually stopped using the data. Furthermore, if had opted in, the legal requirement (Article 7.3) is "It shall be as easy to withdraw as to give consent." So if opting in happens on the main page by scrolling but opting out happens in a settings menu requiring two clicks, then that may be good but it's not good enough, because it's not as easy as it was to opt in.

by ffpip 6y ago

I'm not saying it's a good way to do this. But they clearly state so. 'By scrolling, you are agreeing to use of cookies for marketing ' . They give you a good,easy way to opt out too.

Macha 6y ago

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/consent/what-is-valid-consent/#what4 https://ico.org.uk/for-organisations/guide-to-data-protectio... > You may not rely on silence, inactivity, default settings, pre-ticked boxes or your general terms and conditions, or seek to take advantage of inertia, inattention or default bias in any other way. All of these methods also involve ambiguity – and for consent to be valid it must be both unambiguous and affirmative. It must be clear that the individual deliberately and actively chose to consent

PeterisP 6y ago

A good way to do what? Clearly stating something does not make it true, because, to make it really clear, by reading this you definitely agree that you owe me $100. The GDPR approach is that processing personal data by companies is prohibited by default, unless they can point out one of the specific GDPR subsections that permits that particular purpose of processing. They are not allowed to use my personal data for marketing unless specific conditions are met. Scrolling past a statement 'By scrolling, you are agreeing to use of cookies for marketing' does not meet these specific conditions, no matter how clearly its said, so the banner legally makes no difference whatsoever, it does not mean that I'm agreeing to anything, it's exactly as if it wasn't there, and that clear statement is simply a lie. And the "good,easy way to opt out" does not matter, after the opt-out it's just as illegal for them to use data as before the opt-out, since I did not opt-in. If they're using my data without an intentional opt-in, then they're untrustworthy cheaters anyway, there's no reason to try to opt-out of something that I didn't opt-in to, this should be handled by the regulator who will be able to audit them to verify if they have actually stopped using the data. Furthermore, if had opted in, the legal requirement (Article 7.3) is "It shall be as easy to withdraw as to give consent." So if opting in happens on the main page by scrolling but opting out happens in a settings menu requiring two clicks, then that may be good but it's not good enough, because it's not as easy as it was to opt in.