3 ms·
This is tangential to the content of the article but this site's data protection consent pop-up (not sure if this is EU-only) is actually an own-goal when it co
by hnbad 4y ago
This is tangential to the content of the article but this site's data protection consent pop-up (not sure if this is EU-only) is actually an own-goal when it comes to EU GDPR compliance:
If you can revoke consent for "legitimate interest", it's not legitimate interest. Legitimate interest is a legal basis for collecting and processing data without explicit consent (i.e. it's an alternative mechanism to explicit consent and you can merely inform the user of it, not ask them to consent to it). If you can opt out, it's not legitimate interest. And if it's not actually legitimate interest, you have to make it an opt-in option like the other consent prompts, not an opt-out (tho at least this site doesn't make you select them individually).
I'm not sure what marketing firm convinced publishers they could use "legitimate consent opt-outs" as a fallback for the consent many people probably don't opt in to, but their advice is flat out wrong at best and illegal at worst. They'd be better of not providing a detailed consent popup than doing this because the former at least allows them to claim ignorance whereas this clearly demonstrates an attempt to circumvent consent requirements. Not to mention the current state of the law explicitly requires them to provide both "opt in to all" and "opt out of all" options without additional clicks and dark pattern shenanigans (i.e. they have to be equally prominent and the same color and design).
Also if you find these popups annoying keep in mind that there's literally no legal requirement to have a consent popup under the EU GDPR. You don't even need one if you use cookies. The only reason these sites need them is because they use third party embeds, resources and scripts that set non-essential (e.g. tracking) cookies or want to record/process user data (e.g. for targeted ads). It's the death pains of a failing business model that's making this annoying for you, not the law.