Today I filed a formal complaint against #YouTube with the Irish Data Protection Commissioner for their illegal deployment of #adblock detection technologies.
Under Article 5(3) of 2002/58/EC YouTube are legally obligated to obtain consent before storing or accessing information already stored on an end user's terminal equipment unless it is strictly necessary for the provisions of the requested service.
In 2016 the EU Commission confirmed in writing that adblock detection requires consent.
Adblock detection has literally already been ruled on though (it needs consent). I’m sure there are nuances above my understanding, but it’s not that simple.
Blargerer is probably saying that because the Mastodon post OP linked to says “In 2016 the EU Commission confirmed in writing that adblock detection requires consent.”
You consent to their terms of service and privacy policy when you access their website by your continued use. They disclose the collection of browser behavior and more in the privacy policy. I suspect they are covered here but I don’t specialize in EU policy.
This is true. And I’ll disclaim again that I’m not an expert on EU law or policy. But I’m not familiar with a US policy or law that would preclude that consent to collection from being a condition of use. I’ve written these policies for organizations, and I think it will be a difficult argument to make. I’d love to read an analysis by a lawyer or policy writer who specializes in the EU.
Not an expert either, but from what I’ve seen, the EU actually has some amount of consumer protection. The USA on the other hand mostly lets big corporations get away with whatever they want, as long as they make some “donations”.
Adblock detection has literally already been ruled on though (it needs consent). I’m sure there are nuances above my understanding, but it’s not that simple.
Do you have a link to the EU requiring consent to detect ad blocking?
Most of what I can find is from the late 2010s but specifically says that consent is not required for adblock detection. https://adguard.com/en/blog/eu-defines-its-stance-on-ad-blockers.html
https://iabeurope.eu/wp-content/uploads/2019/08/20160516-IABEU_Guidance_AdBlockerDetection.pdf
But also: I assume consent can be obtained with a mandatory TOS update.
Blargerer is probably saying that because the Mastodon post OP linked to says “In 2016 the EU Commission confirmed in writing that adblock detection requires consent.”
That, in turn, is probably referring to a letter received from the European Commission by the same person, which you can see here: https://twitter.com/alexanderhanff/status/722861362607747072
It’s not exactly a “ruling”, but it’s still pretty convincing.
You consent to their terms of service and privacy policy when you access their website by your continued use. They disclose the collection of browser behavior and more in the privacy policy. I suspect they are covered here but I don’t specialize in EU policy.
Their terms of service have to be compliant with local laws though. You can’t just put whatever you want in there and expect it to stand up in court.
This is true. And I’ll disclaim again that I’m not an expert on EU law or policy. But I’m not familiar with a US policy or law that would preclude that consent to collection from being a condition of use. I’ve written these policies for organizations, and I think it will be a difficult argument to make. I’d love to read an analysis by a lawyer or policy writer who specializes in the EU.
Not an expert either, but from what I’ve seen, the EU actually has some amount of consumer protection. The USA on the other hand mostly lets big corporations get away with whatever they want, as long as they make some “donations”.
I haven’t agreed to any new terms and the adblocker appears for me
Assuming it didn’t exist for months or years before this. As far as I know, blocking ads has always been against ToS.
This sign can’t stop me because I can’t read!