>managed to completely obliterate whatever was left of european advertising agencies
That's a huge win in my books. I take the stance that advertising is a cancer on society wasting: lives,talent, and finite resources while doing what good for society exactly?
For every campaign that does measurable good I can usually argue that either the campaign wouldn't be necessary without advertisings infectious tendrils everywhere, or the effect is virtually worthless in the face of the overwhelming scaleof resources wasted on useless advertisement campaigns.
If it was yours, you would be able to sell it in exchange for something else. The EU's rules forbid this, basically giving ownership to the state
Also, let's be clear, it's not only YOUR information since you didn't collect it yourself, there could be an explicit formula about how much of it is yours. Just because GDPR says so doesn't mean it s correct.
also
> I take the stance that advertising is a cancer on society wasting: lives,talen
half the "articles" you read here is advertising
Which rules? GDPR is all about being explicit about how the data is used and the right to choose. What is the rule preventing you from offering a service explicitly allowing people to sell their information?
> “Freely given” consent essentially means you have not cornered the data subject into agreeing to you using their data. For one thing, that means you cannot require consent to data processing as a condition of using the service. They need to be able to say no. According to Recital 42, “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.”
> 4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, 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.
If your business explicitly deals in user information:
> In order for processing to be lawful, personal data should be processed on the basis of the consent of the data subject concerned or some other legitimate basis
> ... these are the other legal bases:
> 1. Processing is necessary to satisfy a contract to which the data subject is a party.
In that business it's necessary to share the data which is being sold. It's part of the contract. As long as you comply with notification, listing 3rd parties, and other relevant points, you can require and sell that data.
That's the gist of the matter. Private information is not tradeable, therefore it's not really property, and certainly not owned by the users since they can't sell it for goods they readily want to acquire.
The clause you quote only applies if the private info is necessary for the service rendered. GDPR considers advertising optional, despite the fact that it's crucial for the survival of websites.
So you're free to say "this access costs $x, you can sell your data for that much on this other service". If you learn through that that people actually are not prepared to sell their data, then GDPR achieved its purpose.
If you work on the other side, it may seem hard to handle. But if websites can't survive without trading user data, I'm happy for them to die and get replaced by something with better business model. Global data abuse is not worth it.
I guess you could also start a business explicitly selling user data to get access to 3rd party services as a replacement of payment. As long as it's a separate entity, it could work?
Let alone, you cant demand consent even with self hosted ads. You are obliged to give the content for free even if they dont consent
I dont understand why you keep changing the subject
If you run a data trading business, I can sell you my data, and GDPR will be ok with that.
Where can I sell my information in the US? Oh wait, I can't, tech companies see it as a harvestable resource that they expect to get for free.
With GDPR's consent framework, I now could genuinely sell my data if I wanted to do so.
You are right. But i could see a market forming if e.g. chinese companies were allowed to compete and offered direct monetary incentive to acquire users (would be cheaper than the ad spending they do)
>GDPR's consent framework, I now could genuinely sell my data
you couldn't because they are used for advertising, which is notnecessary for the provision of the service: https://gdpr.eu/gdpr-consent-requirements/
I think that there are benefits for us the people so far and more to come when the regulations will be enforced, like:
- more transparency, now you can see exactly that your data is shared with 100+ companies and you can see what is collected and decide for yourself if you want to visit or not, or maybe you want to use a VPN or private mode on this dubious website
- you can request you data back and ask to be deleted.
- some website will open in text only mode for EU users, you no longer need to waste a click to press the Reader Mode button.
If you disagree then explain how the listed benefits are "zero benefits"
I do hate when inane legislation like GDPR makes websites downgrade my UX to protect some information I don't give a crap about. But it's for my own good, of course.
Anyway when you live in a society you have to respect the society rules even if you don't like them or you can move outside of EU(or use a VPN) to get the full experience advertisers intended it for you.
Google has only gotten mightier and greedier post-GDRP. So whatever defense is mounted on GDPR, the empirical fact is that it failed in its purpose.
It was a missed opportunity. It could truly hurt google if (a) it declared private information as private property that can be sold in exchange for services or if (b) it provisioned a "PI" tax that should be mandatorily paid back to users similar to the link tax required to be paid to newspapers.
GDPR should not dictate how you implement ads, if you want targeted ads then maybe the industry needs to implement them respectfully, the user would opt=in, connect his browser with FB,Google,Twitter and then he will get targeted stuff. They could make a browser, DRM-it to shit and if you use that browser you get less ads but all of them are targeted and ever click in that browser is tracked, it would be an opt-in stuff where you sell your browsing activity for ad-points that you can spend on different websites to read articles.
We need strong laws because the industry is fucking the users, they sell you products like a TV or an OS but they still want to make a few more cents so they continue to track you and sell your data to advertisers.
IMO advertising is mostly manipulation, make people buy expensive diamonds or expensive clothing or phones when they don't have too, I would be curious if we could create a economy simulator and ban all advertising like it was done for cigarettes and see what happens.
Google instead thinks they are above the law and offers a pop-up that can only be dismissed by accepting. Forced consent is not consent so that’s against the law.
Don’t complain if companies get into trouble because they break the law. Don’t complain Europe keeps telling companies like Google they need to follow the law until they actually start following the law.
Textbook illegal under the ePrivacy Directive implementations, but many (most?) sites still do it...
It’s probably not against the law and the situation you have described is a valid method to establishing lawful basis under the GDPR. It’s really not all about “consent” - we hear that too much.
Ultimately the courts will decide who is right. We’ll see.
Various data protection authorities have concurred that forced consent isn't consent. For consent to be valid, it needs to be freely given, informed, and not tied to the provision of a service, such that provision is dependent on unrelated consent.
There's also restrictions on consent being used where there are imbalances of bargaining power (so for example, consent isn't a valid legal basis for processing data at all in an employer/employee scenario due to the imbalance. Another legal basis is needed).
One area of interest in future would be how the imbalance of power could be interpreted - consumers generally can't negotiate anything with any internet company (unlike negotiation with small businesses), and in many cases companies can hold them hostage until they consent (if Google won't let you into your email until you consent to something, that's clearly coercive and abuse of power). When regulators finally learn to move faster, it will be interesting to see how widely this can be applied - could it even extent to a company which holds a monopoly status in a market, due to lack of meaningful choice? I think it could.
In any case, the smart money is on not relying on consent as a legal basis unless you have no other option - it's the least durable basis, and can be revoked at any time.
The reason EU agencies went bust was because they were competing against the likes of google and Facebook, because those companies could arguably target better (or were perceived to), and they could only do that because they were breaking the law.
they managed to completely obliterate whatever was left of european advertising agencies
But seriously… I fucking love the GDPR.
Frankly the amount of misinformation circulating about GDPR of in particular from US techbros is astonishing. Nobody should be having a serious issue complying.
Other than that, we've had to a) ensure we honour user consent b) ensure that only directly relevant PII is held in our systems c) for only as long as needed and d) is handled securely - so ensure encryption at rest and in transit is properly applied.
Was maybe about 2 months work for 3 people to put in place, and we had plenty of time to do so.
Oh, and an initial early change we made at the behest of our lawyers was to drop the last quartet of any stored IPs. Not sure if that was GDPR or another EU directive though.