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0 pointsnickpp1y ago0 comments

That “we” was the lawyer’s “we”. But their point stands: tools change and even if we understand and trust their specs and descriptions now, those change too inevitably in the future.

A bad law, an ambiguous law compels you to be defensive and take precautions. Cookie banners are one of many such defenses and everybody seems to be doing it, validating our strategy.

Thanks for your advice, but unless you are willing to defend me in court and put your money where your mouth is, with all due respect, I will consider its value to be exactly how much I paid for it.

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dgroshev1y ago

GDPR is not in any way ambiguous there, take a look for yourself [1]. Keeping an eye on those changes is a part of your responsibilities as a data controller, it's your vendors' responsibility to inform you of any changes, and it's your responsibility to vet vendors for GDPR compliance. Again, if your lawyers didn't explain this to you (and you haven't read the law yourself), I'd be very cautious of those lawyers.

On the other hand they probably realise there's zero chance for substantial review of your GDPR practices by the regulator (much less seeing them in court), so they can recommend sticking a useless plaster (opt-in has to be specific, and how can it be specific if you collect it for unknown future changes) and keep you in the dark about more substantial requirements.

GDPR is a very good and clearly stated law, you can read through it yourself in about half an hour to an hour, a negligible time investment for such an important piece of legislation. The purported ambiguity is a psyop by people who don't want to comply.

[1]: https://gdpr-info.eu/art-28-gdpr/

nickppOP1y ago

The only way GDPR is unambiguous is if you interpret it in the strictest sense. Which we actually did - you truly have to, in a business-hostile place like the EU.

For example, consider IP addresses as PII. (This is of course not clearly specified by the GDPR). Then analytics processing them needs consent. Thus cookie popup.

Anything else is interpretation unproven in court.

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