You guess wrong. The situation you described does not comply with the GDPR. Report them to the legislative agency that handles these things in your region - if they're a big target they will be high up on the list of companies being audited.
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Oh sure, there are some links like "Opt-out from data use". Which are just...mailto links to [email protected]
I doubt it will have much effect, and I'm only doing this to companies I don't mind being cut off from, but it's a start, and I hope more people start to take seriously their legitimate rights.
What they are doing is direct violation of GDPR and a really bad idea. There was a complaint filled this morning agains Google, Facebook, Whatsapp and Instagram doing something similar but to lesser extent.
I just cant understand why is everyone trying to push all its intelectual power into trying to workaround GDPR instead of trying to comply, for most website it is trivial as they are in breach of GDPR just becoase they collect the data they dont need.
Seems like they claim that they base the data processing on:
1. contract about delivering services between you and them
2. profiling is based on a legitimate interest of their administration
3. sending data to third parties based on consent
The way they write it I would call "Polish legalese", so I'm quite confident it was written very carefully by a lawyer and they know it is sketchy.
BTW I really recommend reading "Guidelines on Consent under [GDPR]" by Article 29 Working Pary, an EU body established by the previous directive. It's written in simple language with examples of what is valid consent. And how regulators think about it.
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_...
Legitimate interest is so wrongly understood. You can only use it if your business is not able to function without some PI and for nothing else. For example if you are having an online store, it is perfectly ok to require name and address as you cant deliver goods to the customer without it. The phone number is already fishy (if you already have another mean to communicate). Using 3rd party by default that is doing monitoring/tracking is a no go, you cant put it under the legitimate interest. And you cant force user to give you a consent by denying access as this is violating that it has to be given free. You will get a consent this way but it will be invalidated in case someone complains to ICO and then you have troubles. And I have talked to our ICO in person. And Google already got a complain. So did facebook and instagram and whatsapp.
I think that persons that were saying that analytics is ok didnt read THIS: "Article 29 Working Party, Opinion 6/2014 on the notion of legitimate interest of the data controller under Article 7" page 25. (http://ec.europa.eu/justice/article-29/documentation/opinion...): "However this does not mean that controllers would be able to rely on article 7(f) to unduly monitor..."
You can thank me later ;)
And I agree with you. Something quite simple like consent is very misunderstood. Something so vague as legitimate interest is bound to be misunderstood.
I was actually looking for some analysis of "legitimate interest" because I have no idea how to apply it in practice, but I couldn't find anything. So yeah, thanks for the link :).
Because they make lots of money on user-hostile practices, and they want to find a way to keep this profit source.
I don't speak polish but I went on the website you're talking about using Google translate and indeed I can't see any way to refuse to give them my info. The "if you click X you agree" bit is probably the shadiest of them all.
From a brief reading of it the other day, it seems data that is necessary to provide a contracted service (like, say, providing access to a cellular network) has a specific exemption to express consent.
Check out items 1a & 1b in Article 6 of Chapter 2[1]:
"1Processing shall be lawful only if and to the extent that at least one of the following applies:
A: the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
B: 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;"
They do not automatically get to keep that data forever, or sell it to a third party. According to how I read the GDPR - I'm not a lawyer ; this is not legal advice, etc.
I think time will tell on that one. It's hard to say how well currently attempted loopholes actually work until they've been tested in court.
As for wp dot pl nothing stopping you from avoiding the site altogether. Yes it's frustrating they insist on tracking you and selling your data as their only business model but at least they have to tell you up-front about it now so you can avoid the site (and have them delete all data they hold on you) if you do not want them doing this.
Edit: though from re-reading your post and the replies sounds like wp dot pl aren't doing things right and need to be more up-front about what you're agreeing to.
But that did not happen, they just send a note with all those GDPR information what they do with my data and that they have a good news for me: I don't have to do anything, as all my "agreements" are still valid without any action from my side. They haven't given me an option to give consent for, say, calling me, but don't give consent for tracking and profiling. Looks like this is ok, unless Orange got GDPR wrongly and wants to risk fines but I don't believe that.
One of the biggest Polish news portal (wp dot pl) has figure out the fantastic idea - they show a banner with a long, long text, that says at the end that if I close that banner, clicking on X button, I am automatically give them permission to track me and do virtually whatever they want with my data. If I don't agree for their terms and I don't close the banner (which is agreement as well) I am taken to "advanced settings" page that at the end gives me only one option - to agree for tracking and all the shady stuff they want to do with my data. It is impossible to enter their portal without agreeing for everything they want.
WP dot PL is a big business owned by a big German media company, so I guess they figured out everything correctly, apparently the regulation has a lot of loopholes and anyone with smart lawyers can overcome GDPR easily.