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> Based on our investigation so far, we believe that Disqus could not rely on legitimate interest as a legal basis for tracking across websites, services or dev

> Based on our investigation so far, we believe that Disqus could not rely on legitimate interest as a legal basis for tracking across websites, services or devices, profiling and disclosure of personal data for marketing purposes, and that this type of tracking would require consent Good to see them taking this seriously. I get the impression a lot of sites/services make expansive use of the legitimate interest provision.

Maarten88 6y ago
Yes, it is really maddening: they make you consent to their "legitimate interest" cookies, conflating legal terms to confuse people into accepting everything. Ad-tech companies get more and more emboldened lately. They see that the GDPR is not really enforced, they assume that big, cash-rich companies will get taken on first, competitors are doing it too, so they gamble they can get away paying lip service to GDPR while continuing their illegal tracking practices. I have seen several startups pitching schemes that seem blatantly illegal to me, while assuring that their tech is fully compliant. Often using the words "legitimate interest" to prove this point.
- 411111111111111 6y ago
  To play devil's advocate: that might become the going strategy. They're gonna be profitable as hell until they get fined and aren't allowed to continue after all... But then it's just a matter of closing that enterprise down and creating a new one. They can keep apis stable and give the big corporations plausible deniability as "the contractor said they're compliant"
  - xxs 6y ago
    > "the contractor said they're compliant" this part wont work w/ GDPR - this is not the US. I've mentioned it someplace else - the contracts with the contractors have quite explicit clauses about liabilities about data breaches/leaks as the fines would still be applied to the main entities. With regard to GDPR, personal data is a liability and it should be handled with appropriate care.

Maarten88 6y ago

Yes, it is really maddening: they make you consent to their "legitimate interest" cookies, conflating legal terms to confuse people into accepting everything. Ad-tech companies get more and more emboldened lately. They see that the GDPR is not really enforced, they assume that big, cash-rich companies will get taken on first, competitors are doing it too, so they gamble they can get away paying lip service to GDPR while continuing their illegal tracking practices. I have seen several startups pitching schemes that seem blatantly illegal to me, while assuring that their tech is fully compliant. Often using the words "legitimate interest" to prove this point.

411111111111111 6y ago
To play devil's advocate: that might become the going strategy. They're gonna be profitable as hell until they get fined and aren't allowed to continue after all... But then it's just a matter of closing that enterprise down and creating a new one. They can keep apis stable and give the big corporations plausible deniability as "the contractor said they're compliant"
- xxs 6y ago
  > "the contractor said they're compliant" this part wont work w/ GDPR - this is not the US. I've mentioned it someplace else - the contracts with the contractors have quite explicit clauses about liabilities about data breaches/leaks as the fines would still be applied to the main entities. With regard to GDPR, personal data is a liability and it should be handled with appropriate care.