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And if that data is "transferred" to a 3rd party for that analysis (aka. a REST call into their API) then you are back to requiring these annoying banners. Or,

by Alupis 2y ago

And if that data is "transferred" to a 3rd party for that analysis (aka. a REST call into their API) then you are back to requiring these annoying banners. Or, more common for ecommerce, "transferred" into an advertising algorithm so the business can gain more similar customers. Oh the horror!

whstl 2y ago
What does "for that analysis" refers to? Fraud prevention? If so, it is legitimate interest to do fraud prevention, so there's no need for a consent banner, first or third-party. Naturally you can't go and use this data for a purpose that has no basis under legitimate interest. Another example: Cloudflare is running DDoS prevention under our noses here at HN, for example, but there's no need to ask for consent, even though Cloudflare is a third-party. Why? Because this is considered legitimate interest. > Or, more common for ecommerce, "transferred" into an advertising algorithm so the business can gain more similar customers For this you do need consent, if you transfer PII. If you don't want a banner you can replace it with a simple checkbox during the checkout process. Not only less hostile, but also more transparent than a banner.
- Alupis 2y ago
  > What does "for that analysis" To understand how customer's shop on my website. Heatmaps, view port, device type, screen resolution, frequency of browsing, where their mouse hovers the most, page dwell time, etc. These are impossible tasks for most website operators to do themselves. > For this you do need consent, if you transfer PII. If you don't want a banner you can replace it with a simple checkbox during the checkout process. Not only less hostile, but also more transparent than a banner. Or... you can just ignore the EU because the EU doesn't matter. You know, like I originally asserted? > If you don't want a banner you can replace it with a simple checkbox during the checkout process This is the sort of mindset that crafted this poorly designed regulation in the first place. Most website operators are not going to willingly add a barrier at the final step of a conversion. If you are going to use my property and resources - it's my rules or don't come. Pretty simple...
  - deleted 2y ago
    [deleted]
  - whstl 2y ago
    You don't need banners just because something is third-party. If there is no PII and/or legitimate consent, you don't need a banner. There are GDPR compliant analytics platforms, fraud prevention, third-party payment gateways, for example. They don't need banners. As for the rest, it's quite inflammatory and I don't know how it relates to my comment, so I'll refrain from answering.
    - what 2y ago
      You don’t need banners period. The EU doesn’t get to tell people how to operate their web properties. If EU citizens don’t like it, they can stop visiting those properties. Even simpler.
      - tbrownaw 2y ago
        > The EU doesn’t get to tell people how to operate their web properties. Well, except for all the people in the eu. I'm pretty sure the eu does get to tell those people to do or not do things, online or not.
  - immibis 2y ago
    > Heatmaps, view port, device type, screen resolution, frequency of browsing, where their mouse hovers the most, page dwell time, etc. Sounds like information that is not personally identifying - if handled well.

by Alupis 2y ago

whstl 2y ago

What does "for that analysis" refers to? Fraud prevention? If so, it is legitimate interest to do fraud prevention, so there's no need for a consent banner, first or third-party. Naturally you can't go and use this data for a purpose that has no basis under legitimate interest. Another example: Cloudflare is running DDoS prevention under our noses here at HN, for example, but there's no need to ask for consent, even though Cloudflare is a third-party. Why? Because this is considered legitimate interest. > Or, more common for ecommerce, "transferred" into an advertising algorithm so the business can gain more similar customers For this you do need consent, if you transfer PII. If you don't want a banner you can replace it with a simple checkbox during the checkout process. Not only less hostile, but also more transparent than a banner.

Alupis 2y ago
> What does "for that analysis" To understand how customer's shop on my website. Heatmaps, view port, device type, screen resolution, frequency of browsing, where their mouse hovers the most, page dwell time, etc. These are impossible tasks for most website operators to do themselves. > For this you do need consent, if you transfer PII. If you don't want a banner you can replace it with a simple checkbox during the checkout process. Not only less hostile, but also more transparent than a banner. Or... you can just ignore the EU because the EU doesn't matter. You know, like I originally asserted? > If you don't want a banner you can replace it with a simple checkbox during the checkout process This is the sort of mindset that crafted this poorly designed regulation in the first place. Most website operators are not going to willingly add a barrier at the final step of a conversion. If you are going to use my property and resources - it's my rules or don't come. Pretty simple...
- deleted 2y ago
  [deleted]
- whstl 2y ago
  You don't need banners just because something is third-party. If there is no PII and/or legitimate consent, you don't need a banner. There are GDPR compliant analytics platforms, fraud prevention, third-party payment gateways, for example. They don't need banners. As for the rest, it's quite inflammatory and I don't know how it relates to my comment, so I'll refrain from answering.
  - what 2y ago
    You don’t need banners period. The EU doesn’t get to tell people how to operate their web properties. If EU citizens don’t like it, they can stop visiting those properties. Even simpler.
    - tbrownaw 2y ago
      > The EU doesn’t get to tell people how to operate their web properties. Well, except for all the people in the eu. I'm pretty sure the eu does get to tell those people to do or not do things, online or not.
- immibis 2y ago
  > Heatmaps, view port, device type, screen resolution, frequency of browsing, where their mouse hovers the most, page dwell time, etc. Sounds like information that is not personally identifying - if handled well.