Alexander Hanff (@thatprivacyguy@eupolicy.social)
eupolicy.social
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.
  • @Jako301@feddit.deEnglish
    3•8 months ago

    You can’t bypass laws, but the law in question only requires permission of the enduser. Getting this permission in your ToS isn’t bypassing anything, it’s acting according to the law.

    • @9bananas@lemmy.worldEnglish
      5•8 months ago

      that’s not true in the EU.

      the reason those cookie banners are everywhere, for example, is because the EU requires explicit consent for a lot of things that used to be covered by ToS.

      simply putting clauses into your ToS doesn’t shield the company from legal action at all.

      regardless of what’s written in the ToS, final say over what is and isn’t legal lies with local authorities, not YouTube.