fbpx

Download free GDPR compliance checklist!

Tag Archives for " consent "

Schrems vs. Facebook: Dispute over advertising consent could soon end up before the ECJ

Max Schrems’ legal dispute with Facebook is entering the next round. The data protection activist has called the Supreme Court (OGH) and hopes that it will submit the questions he raised about data processing by Facebook to the European Court of Justice. The social media group thinks that users conclude a “contract” because they receive personalized advertising. That is why the General Data Protection Regulation (GDPR) is only applicable to a limited extent.

Schrems is convinced that the online giant violates the EU’s General Data Protection Regulation (GDPR) when handling its users’ data. However, the two Austrian courts involved in the matter up to now saw it differently. The civil regional court ruled in the summer that the data processing was in conformity with the contract and the law. The OLG also shared this view.

Now the case, which has already been pending in court since 2014 and which has landed before the Supreme Court twice without a result due to ambiguities about jurisdiction, is again at the local highest court.

Source: Schrems vs. Facebook: Dispute over advertising consent could soon end up before the ECJ – Netzpolitik – derStandard.at ›Web

Facebook fined $6.1 million in South Korea for sharing user data without consent

The Korea Communications Commission kickstarted the investigation in 2018 before ultimately handing it off to the PIPC a few months ago.

According to Yonhap News, the PIPC determined that the social network shared the personal information of 3.3 million South Korean users (out of a total of 18 million) to other companies without consent from May 2012 to June 2018. The watchdog said Facebook shared people’s names, addresses, dates of birth, work experience, hometowns and relationship statuses with other companies when they logged in.

Source: Facebook fined $6.1 million in South Korea for sharing user data without consent | Engadget

Apple Faces Antitrust Complaint in France Over Privacy Changes in iPhones

Apple’s operating software starting early next year will require apps to get opt-in permission from users to collect their advertising identifier, a number used to deliver targeted ads and check how ad campaigns performed.

Advertising companies and publishers have filed a complaint against Apple Inc. with France’s competition authority, arguing that privacy changes the smartphone maker plans to roll out are anticompetitive.

The companies behind the complaint, brought through a group of trade associations, say few users will agree to be tracked, making it harder for companies from game-makers to news publishers to sell personalized ads and tough for the middlemen in those transactions.

Source: Apple Faces Antitrust Complaint in France Over Privacy Changes in iPhones – WSJ

IAB Europe’s ad tracking consent framework found to fail GDPR standard

A flagship framework for gathering Internet users’ consent for targeting with behavioral ads — which is designed by ad industry body, the IAB Europe — fails to meet the required legal standards of data protection, according to findings by its EU data supervisor.

The Belgian DPA’s investigation follows complaints against the use of personal data in the real-time bidding (RTB) component of programmatic advertising which contend that a system of high velocity personal data trading is inherently incompatible with data security requirements baked into EU law.

Source: IAB Europe’s ad tracking consent framework found to fail GDPR standard | TechCrunch

South Korean regulator fines TikTok over mishandling child data

The Korea Communications Commission (KCC), the country’s telecommunications watchdog, said it has fined the company 186 million won — around $155,000 — for failing to protect users’ private data.

The Korea Communications Commission said the Chinese company collected the data of children without consent from their legal guardians.

Source: South Korean regulator fines TikTok over mishandling child data | ZDNet

No cookie consent walls — and no, scrolling isn’t consent, says EU data protection body

On 4 May, the European Data Protection Board (“EDPB”) adopted an updated version of its guidelines on consent.

EDPB stated that you can’t make access to your website’s content dependent on a visitor agreeing that you can process their data — aka a ‘consent cookie wall’. EDPB also stated that scrolling on a website or digital service can not — in any way — be interpreted as consent.

Source: No cookie consent walls — and no, scrolling isn’t consent, says EU data protection body | TechCrunch

France issues first legal decision on facial recognition

The Administrative Court (TA) of Marseille has made its decision regarding the use of facial recognition technology at two French high schools.

In a hearing before the TA, with La Quadrature du Net, The Human Rights League, the FCPE and CGT Educ’Action des Alpes Maritimes, the installation of a facial recognition system at the entrance of two French high schools were discussed.

TA ruled against the installation of the technology, stating that its deployment violated the EU General Data Protection Regulation (GDPR), as students were not able to provide consent “to the collection of personal data in a free and informed manner.”

Additionally, the court ruled that the technology was a disproportionate measure to manage the high school, especially with other alternative measures being available and less detrimental to students’ rights.

Source: #Privacy: France issues first legal decision on facial recognition

German court sides with consumer groups against Facebook data collection

Facebook has suffered a blow against its data collection practices in Europe, with a German court ruling some of the social media giant’s user terms.

Last week a Berlin Court ruled in favour of the Federation of German Consumer Organisations, known locally as VZBV, in its case against Facebook. VZBZ alleged the tech giant is violating GDPR’s “informed consent” requirements with its privacy settings and some of its terms and conditions.

Source: German court sides with consumer groups against Facebook data collection – Which-50

Cookie consent tools are being used to undermine EU privacy rules

Most cookie consent pop-ups served to internet users in the European Union — ostensibly seeking permission to track people’s web activity — are likely to be flouting regional privacy laws, a new study by researchers at MIT, UCL and Aarhus University suggests.

“The results of our empirical survey of CMPs [consent management platforms] today illustrates the extent to which illegal practices prevail, with vendors of CMPs turning a blind eye to — or worse, incentivising — clearly illegal configurations of their systems,” the researchers argue, adding that: “Enforcement in this area is sorely lacking.”

Full article: Cookie consent tools are being used to undermine EU privacy rules, study suggests | TechCrunch

German court decides that GDPR consent can be tied to receiving advertising

On June 27, 2019, the High Court of Frankfurt decided that a consent for data processing tied to a consent for receiving advertising can be considered as freely given under the GDPR.

The claimant’s consent had been obtained in connection with his participation in a sweepstakes contest. The court decided that bundling consent for advertising with the participation in a sweepstakes contest does not prevent it from being “freely given”. According to the court, “freely given” consent is a consent that is given without “coercion” or “pressure”.

Source: Participation in a raffle of consent to future e-mail advertising

1 2 3 9
>