Re:German court rules Facebook use of personal data illegal
by madez on Monday February 12, 2018 @04:32PM
(#16362442)
There are regulations for agreements. In Germany for example, when you rent a flat, the customers have inalienable rights that he can't legally-bindingly forfeit even in written contract form.
There is no such thing as a fully free market, and that is a good thing.
The complaint is not that they want to control every detail. Certain parts of the agreements might simply not be valid just by clicking a check box, or the parts are not displayed in a form that is considered appropiate. Imagine a document with 15000 words that is unnegotiable by you. Will your mother read that so she can give meaningful consent? I don't think so, so the consent isn't valid. This line of reasoning is about common sense, and not about formalities, and I'm glad it is relevant in law.
There is no such thing as a fully free market, and that is a good thing.
The complaint is not that they want to control every detail. Certain parts of the agreements might simply not be valid just by clicking a check box, or the parts are not displayed in a form that is considered appropiate. Imagine a document with 15000 words that is unnegotiable by you. Will your mother read that so she can give meaningful consent? I don't think so, so the consent isn't valid. This line of reasoning is about common sense, and not about formalities, and I'm glad it is relevant in law.