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Comment by _rpd | Hacker News Reader

Website terms and conditions could ask for a pint of blood from their firstborn and people would still click okay. No one reads these things. The GDPR is just going to end up being a more annoying version of the cookie law.

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I'd be interested if you could ask your users if they are _not_ a EU resident. Only if they click yes go ahead, otherwise show that you will not serve them. Probably 90% would learn to click the "Not from EU" button. Who should hold you accountable for false user input in that case?

In the case of Facebook, people people upload photos with gps data, attend events that have an address... No judge would accept the 'but they said they weren't a EU resident' argument.

Pretty sure that won't work legally

Using consent as a basis to handle personal details under GDPR requires:

* Consent is gained granularly, prominently, and separately from other terms and conditions * Consent is opt-in and individuals can refuse to consent without detriment

For the reasons you describe, if a user simply clicks 'Agree' to something like the current T&C, it will not be considered as informed, freely given consent by GDPR and thus will not give the website any rights to process that user's data.

Yes, but my point is that it's all about money. No one cares about privacy, but they do care if they are told how much money Facebook is making off of them, and that they can extort Facebook for that money and keep some of it for themselves.

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