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I think you're contributing to the discussion, but I strongly disagree with you. In this case, according to the linked article, it seems to me like meta tried
by red_admiral 4y ago
I think you're contributing to the discussion, but I strongly disagree with you.
In this case, according to the linked article, it seems to me like meta tried to rules-lawyer their way around the GDPR, and got told no, the words "contract" and "consent" mean exactly what they usually do. If you're testing the boundaries of a law for your own benefit, sometimes you get told you've overstepped it, that's life - not an unpredictable regulatory environment. The spirit of the GDPR doesn't seem that unpredictable to me: you MUST get users consent before doing certain things, and they MUST be able to say no.
As far as I can tell, the "contract basis" exemption was meant for things like, if you order a physical product online then the retailer is allowed to pass your address on to the shipping company. Not for "by opening this app you agree to the following terms ...".
(There are indeed edge cases, such as advertising your service as "5 EUR/month but we'll give it for free if you agree to personalised ads" when you expect that most of your users will go for the "free" one. But that's not what meta did here. If your tagline is "It's free and always will be" you're stuck on this one.)
I think it's quite a leap from not being allowed to track people for advertising purposes as much as you'd like, to Europe "keeping their people poorer". For example, Norway is doing just fine but that's oil not tech; the problems in Greece are bigger than how much their facebook ads are personalised.
I'd take the German healthcare system over the US one any day.
- int_19h 4y ago"5 EUR/month but we'll give it for free if you agree to personalised ads" Is this an edge case? My understanding is that it's legal under GDPR.
- Nextgrid 4y agoIt's a grey area. It's illegal under the GDPR, but some newspapers in Europe are taking the gamble and seem to be getting away with it for the time being.
- red_admiral 4y agoI'm not sure if it's been tested in court, but there are certainly newspapers as you say that are doing this - including from quite major publishing houses. Personally I just open their pages in private browsing tabs anyway, if everyone did that it would probably kill the business model (even before we talk about uBlock). My (non-lawyer) opinion is it's probably illegal if you're making a sham paid tier to justify working around the GDPR, and probably fine if you're a "real" paid product which offers the extra option of paying with data instead of cash. I guess in a court case it would be interesting what percentage of daily active users are on the paid tier.
- whimsicalism 4y agoOnly kills the business model if they give you free reading articles.
- mnw21cam 4y agoIt's specifically and explicitly illegal. You can't distinguish service based on consent, because then your consent is no longer consent, it's extortion.