4 ms·

I'm holding out some hope that EU regulatory action will be swift and severe to act as a deterrent. These "accept or pay" walls are clearly against the spirit a

I'm holding out some hope that EU regulatory action will be swift and severe to act as a deterrent. These "accept or pay" walls are clearly against the spirit and likely against the letter of GDPR. > 4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia (among other things), the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract. https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/ > Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment. https://gdpr-info.eu/recitals/no-42/ https://gdpr-info.eu/recitals/no-42/

alkonaut 2y ago
I don’t understand why legislation is passed that is this clear on something but then it’s not enforced? Unenforced regulation is even worse than no regulation because it makes it very unclear what the regulation actually is. Worst case it forces the actors on the market to all be in violation because it’s such a competitive disadvantage to comply unless everyone does. This regulation is supposed to (I hope) make non-tracking ads more profitable because advertisers simply can’t show tracking ads. But if half the sites still show tracking ads then the revenue from displaying dumb ads will be next to nothing.
- fmajid 2y ago
  The EU Data Protection Board ruled that Meta's similar proposal is illegal under GDPR. Forced consent is not consent. https://noyb.eu/en/statement-edpb-pay-or-okay-opinion https://noyb.eu/en/statement-edpb-pay-or-okay-opinion
  - alkonaut 2y ago
    Was there any sanction? Or is it just an EU level ruling guiding national bodies going forward? Because the problem isn’t that the regulation is vague or that EU level bodies don’t interpret them, it’s that there aren’t any big fines handed out. Like in this case you’d have low-ish first fine and then if they repeat the offense it should be the max X% of global revenue right away.

alkonaut 2y ago

I don’t understand why legislation is passed that is this clear on something but then it’s not enforced? Unenforced regulation is even worse than no regulation because it makes it very unclear what the regulation actually is. Worst case it forces the actors on the market to all be in violation because it’s such a competitive disadvantage to comply unless everyone does. This regulation is supposed to (I hope) make non-tracking ads more profitable because advertisers simply can’t show tracking ads. But if half the sites still show tracking ads then the revenue from displaying dumb ads will be next to nothing.

fmajid 2y ago
The EU Data Protection Board ruled that Meta's similar proposal is illegal under GDPR. Forced consent is not consent. https://noyb.eu/en/statement-edpb-pay-or-okay-opinion https://noyb.eu/en/statement-edpb-pay-or-okay-opinion
- alkonaut 2y ago
  Was there any sanction? Or is it just an EU level ruling guiding national bodies going forward? Because the problem isn’t that the regulation is vague or that EU level bodies don’t interpret them, it’s that there aren’t any big fines handed out. Like in this case you’d have low-ish first fine and then if they repeat the offense it should be the max X% of global revenue right away.