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I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M
Read the full article on thatprivacyguy.com ↗379
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The 5-second version
- Forced consent violates GDPR Article 4(11) and Article 7—bundling marketing consent with membership benefits is unlawful because consent must be freely given without penalty for refusal.
- The one-stop-shop mechanism (Article 56(1)) determined jurisdiction—Swedish IMY transferred the case to Norwegian Datatilsynet because Elkjop Nordic AS, the parent company with decision-making power, was established in Norway.
- Repurposing customer club data for advertising and conversion tracking without conducting an Article 6(4) compatibility assessment constitutes an independent violation of GDPR lawfulness principles.
- Organizations must provide a simple opt-out mechanism for direct marketing at data collection and in every message under the ePrivacy Directive, separate from any membership or service terms.
- The €1.8M fine and published decision establish enforceable precedent against pay-or-consent models, confirming that conditioning service benefits on marketing consent invalidates the legal basis for processing.
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Verbatim comments from the thread's most notable / highest-karma participants.
> If they made a profit and I want them to pay more than the base fine doesn't mean if they made a loss I want them to pay less than the base fine. I’m not saying they would get a rebate just that for this to be meaningful for a mid sized or larger company requires a large portion of a given fine to be based on profits. So a company receiving a fine based on their profits would argue they made less money from the behavior, it’s a legal argument without any risk. Consider a fine for a mid sized…Read on HN ↗
It's not the ads that are the problem, it's the tracking. If you install something like Privacy Badger it will block all tracking, but not necessarily ads. However, because so many of the ads come bundled with a shit ton of tracking, they are effectively blocked. There's nothing problematic about having Stihl advertise chainsaws on a page for lumberjack. There is a problem when you collect data from across the internet, conclude that a person might be a lumberjack and serve the chainsaw ads bas…Read on HN ↗
The current government? Don't let partisanship blind one to how dumb things are. The Occupy Wallstreet protests were extensively surveilled and harassed [1], and it was a vastly more peaceful protest movement. Had it gained more traction there's a 100% chance Obama would've happily greenlit COINTELPRO [2] 2011. Such actions were already being effectively carried out in any case. [1] - https://en.wikipedia.org/wiki/Occupy_Wall_Street#Government_... [2] - https://en.wikipedia.org/wiki/COINTELPRORead on HN ↗
Well the document didn't say "public spaces". I also think they meant public spaces, but it wasn't in the documents. Even then, I do not consent to work as an unpaid actor even in public spaces. I'm ok to be it at conferences, organized coworking parties -- no problem. But my living space when I don't suspect it -- hell no.Read on HN ↗