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Oh please. One might argue that the GDPR is a bit vague on some points, but it is very readable for ordinary people, and it clearly states that opting out shoul

by Thiez 5y ago

Oh please. One might argue that the GDPR is a bit vague on some points, but it is very readable for ordinary people, and it clearly states that opting out should not be harder than opting in. So no, these dark patterns that push you into accepting by introducing extra friction for users that reject tracking (by adding artificial delays, having a lot of manual clicking to opt-out, etc) are not a case of genuine confusion. The people who build this functionality are just assholes.

omgitsabird 5y ago
This article is about the French Data Protection Act, not GDPR. They might be lex specialis, I don't know. I am just giving a benefit of the doubt that it is a more difficult problem than people make it out to be. I skimmed this [paper](https://epub.wu.ac.at/7523/1/HCIS2020_A%20Human-centric%20Perspective%20on%20Digital%20Consenting_The%20Case%20of%20GAFAM_Soheil%20Human_Florian%20Cech.pdf https://epub.wu.ac.at/7523/1/HCIS2020_A%20Human-centric%20Pe...) which, among its main topic, argues the issue being intentional and ubiquitous, but I am unconvinced.
- dmitriid 5y ago
  French Data Protection Act has been around since 1978. And was amended in 2018. GDPR (which is basically all such acts from across EU in one legislation) has been around since 2016. If in 2021 your company pretends not to understand the law, your company deserves to be sued into oblivion
  - 123pie123 5y ago
    From my understanding GDPR and all other EU wide ideas or "Laws" are issued as Directives, each country then has to implement the directives in their own countries laws. some/ most implement directives in cut and paste manner some don't.
    - detaro 5y ago
      > GDPR and all other EU wide ideas or "Laws" are issued as Directives, No. The fact that the last letter in "GDPR" is not "D" is a pretty good hint that it's not a Directive ;) It's a Regulation. Regulations apply directly, and are not translated into local law. But omgitsabird is correct that GDPR is not the relevant basis here, but a clause in French Data Protection Law. And this clause exists because of the ePrivacy Directive.
      - 123pie123 5y ago
        thanks, I hadn't realised that regulations existed in this manner https://en.wikipedia.org/wiki/Regulation_(European_Union) https://en.wikipedia.org/wiki/Regulation_(European_Union) so the EU regulations come into Law of all EU countries via "Article 288 of the Treaty on the Functioning of the European Union"

by Thiez 5y ago

omgitsabird 5y ago

This article is about the French Data Protection Act, not GDPR. They might be lex specialis, I don't know. I am just giving a benefit of the doubt that it is a more difficult problem than people make it out to be. I skimmed this [paper](https://epub.wu.ac.at/7523/1/HCIS2020_A%20Human-centric%20Perspective%20on%20Digital%20Consenting_The%20Case%20of%20GAFAM_Soheil%20Human_Florian%20Cech.pdf https://epub.wu.ac.at/7523/1/HCIS2020_A%20Human-centric%20Pe...) which, among its main topic, argues the issue being intentional and ubiquitous, but I am unconvinced.

dmitriid 5y ago
French Data Protection Act has been around since 1978. And was amended in 2018. GDPR (which is basically all such acts from across EU in one legislation) has been around since 2016. If in 2021 your company pretends not to understand the law, your company deserves to be sued into oblivion
- 123pie123 5y ago
  From my understanding GDPR and all other EU wide ideas or "Laws" are issued as Directives, each country then has to implement the directives in their own countries laws. some/ most implement directives in cut and paste manner some don't.
  - detaro 5y ago
    > GDPR and all other EU wide ideas or "Laws" are issued as Directives, No. The fact that the last letter in "GDPR" is not "D" is a pretty good hint that it's not a Directive ;) It's a Regulation. Regulations apply directly, and are not translated into local law. But omgitsabird is correct that GDPR is not the relevant basis here, but a clause in French Data Protection Law. And this clause exists because of the ePrivacy Directive.
    - 123pie123 5y ago
      thanks, I hadn't realised that regulations existed in this manner https://en.wikipedia.org/wiki/Regulation_(European_Union) https://en.wikipedia.org/wiki/Regulation_(European_Union) so the EU regulations come into Law of all EU countries via "Article 288 of the Treaty on the Functioning of the European Union"