Educational-Ice-319

Educational-Ice-319 t1_jeh4rgr wrote

Lmfao. Nice job, let’s read the whole thing shall we?

> Processing shall be lawful only if and to the extent that at least one of the following applies:

> the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

> processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

> processing is necessary for compliance with a legal obligation to which the controller is subject; processing is necessary in order to protect the vital interests of the data subject or of another natural person;

> processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

> Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old.

> 2Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

> 3Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

Taken together, the company is only requires to get consent if 1) it processes the information, and 2) it is directly done for services direct to children.

So no mandatory consent or age verification across the board. You wanna try again bud?

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Educational-Ice-319 t1_jeesypk wrote

As long as legal divisions treat the interests of the consumer in data privacy as adversarial to the interests of the firm, US companies will not get this. It’s a conscious choice to prioritize a few extra immediate dollars over the intangibles of company reputation, long-term stability and differentiation, and overall compliance.

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Educational-Ice-319 t1_jdv3cey wrote

Sigh. Let me explain:

Google Analytics is a service. A company based in the EU pays to run it on their platform. The one who gets fined isn’t Google, but the company who uses it in violation of the ban

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Educational-Ice-319 t1_jduwn7u wrote

No I don’t. You seem to be deliberately ignoring the fact that privacy regulations can either deter or punish, or both. And just because some firms fuck up doesn’t mean the regulations aren’t effective. Even in the EU they don’t achieve 100% compliance all the time.

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Educational-Ice-319 t1_jdtdy41 wrote

No. You don’t have to go hunting. The text:

> (a) Initial notice and opt-out requirement —

> (1) In general. You may not use eligibility information about a consumer that you receive from an affiliate to make a solicitation for marketing purposes to the consumer, unless:

> (i) It is clearly and conspicuously disclosed to the consumer in writing or, if the consumer agrees, electronically, in a concise notice that you may use eligibility information about that consumer received from an affiliate to make solicitations for marketing purposes to the consumer;

> (ii) The consumer is provided a reasonable opportunity and a reasonable and simple method to “opt out,” or prohibit you from using eligibility information to make solicitations for marketing purposes to the consumer; and

> (iii) The consumer has not opted out.

There’s more, but this comment displays a fundamental lack of familiarity with US privacy law. For example, they can’t collect data unless it’s for credit approval purposes. Meaning you must seek the service and consent to provide the info for a limited purpose. And even GDPR respects that.

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Educational-Ice-319 t1_jdt15ni wrote

Already happening. Google Analytics is banned in Germany and Italy. Also, the US’ patchwork isn’t far off from GDPR, it’s just far less cohesive. US citizens have many of the same rights and control over their data, and have for decades in some cases.

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