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.
Cool, so YouTube will start putting pop ups that require you to consent to the detection in order to watch videos. That’s what everyone did with the whole cookies thing when that was determined to be illegal without consent.
that would be illegal too, because that information is not strictly necessary for their service - they could only opt to not provide the service in the eu
There are multiple French websites that do this. It is legal (otherwise these websites would not do this anymore, it’s been a while).
There is a popup asking you if you consent to get cookies (for advertisement). If you say “no”, it leads you to another popup with two choices :
Webedia is a big company that owns most of the famous French websites (jeuxvideo.com , etc.). All these websites have cookie walls with an alternative : a paid subsription. What they say, is that the website is now accessible with subscription only. However, if you accept cookies, you’ll get a discount (free access).
The CNIL (a big French governemental entity) tried to forbid this. If someone reports a website, it’s for this entity to take action. There is no need to report Webedia, the CNIL knows already :-)
The Conseil d’Etat (juridical entity of the French gov) said that “non”, it’s OK for Webedia to use such paywalls. The CNIL can’t forbid Webedia to use them.
The CNIL asked the jusrists at the European level… here we are. We still don’t know.
Cool, so YouTube will start putting pop ups that require you to consent to the detection in order to watch videos. That’s what everyone did with the whole cookies thing when that was determined to be illegal without consent.
that would be illegal too, because that information is not strictly necessary for their service - they could only opt to not provide the service in the eu
There are multiple French websites that do this. It is legal (otherwise these websites would not do this anymore, it’s been a while).
There is a popup asking you if you consent to get cookies (for advertisement). If you say “no”, it leads you to another popup with two choices :
That is just because the people who enforce the EDPB guidelines just haven’t come around to fining those websites.
That practice is still illegal.
Want to speed up the process? You can report those websites. The more reports the faster those get punished.
No, that’s not that clear for the moment.
Let me explain the French case :
Here is a French website where the CNIL explains this :
https://www.cnil.fr/fr/cookie-walls-la-cnil-publie-des-premiers-criteres-devaluation
Well, seems like my gdpr knowledge got too rusty. at least to me its an interesting topic to actualise