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Just remember, you're accepting the agreement if you blocked the overlay because that's the default if you ignored it.
by cakemuncher 7y ago
Just remember, you're accepting the agreement if you blocked the overlay because that's the default if you ignored it.
- MereInterest 7y agoYou mean in the overlays that are required by law to have the default option be to opt out of tracking?
- vrc 7y agoActually, they're supposed to be opt-in. "Silence, pre-ticked boxes or inactivity should not therefore constitute consent." [0]. I worked extensively on one of the big ad-network's GDPR compliance pub & advertiser tools and we took this seriously. If you blocked the message & you were detected to be in the EEA, that was "no consent" for data use. That said, I know many of the other players in the ecosystem actively overlooked or did not abide by this policy. [0]https://www.gdpreu.org/the-regulation/key-concepts/consent/ https://www.gdpreu.org/the-regulation/key-concepts/consent/
- MereInterest 7y agoShoot, you are correct, and I misspoke. I meant to imply that the default must be assumed to be rejecting all tracking, and that all tracking applied must be explicitly accepted.
- vrc 7y agoWhat's a shame is that most companies hide behind the claim that if users block IP tracking, since they "can't" get geo without IP, you're opt-in by default. They don't make the best effort attempt to, using the data they have, determine opt-in/out default behavior. The regulators seem OK with that argument. So your point sort of stands (and I wish it didn't)
- fanf2 7y agoNo, GDPR requires explicit consent for data collection. Blocking the overlay crap is withholding consent.
- thirdsun 7y agoBut is that the case in practice? It's my experience that there are countless media outlets showing me popups that have the tracking options activated by default.
- vrc 7y agoMost companies hide behind the claim that if users block IP tracking, since they "can't" get geo without IP, it's opt-out. Oath in particular will use any excuse to opt-in by default, but so will most news sites. Regulators seem OK with that.
- DoctorOetker 7y agoGDPR should be opt-in only, not sure if it currently is or isn't, but in my opinion it should be...
- vrc 7y agoIt is, and few care. "Silence, pre-ticked boxes or inactivity should not therefore constitute consent." [0] Problem is that the authorities are too underfunded and understaffed to actually handle this, and the wording in the regulation is vague enough that big company lawyers have hemmed them in. I've seen it happen. [0] https://www.gdpreu.org/the-regulation/key-concepts/consent/ https://www.gdpreu.org/the-regulation/key-concepts/consent/