[HN Gopher] Microsoft fined $64M by France over cookies used in ...
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       Microsoft fined $64M by France over cookies used in Bing searches
        
       Author : LinuxBender
       Score  : 113 points
       Date   : 2022-12-27 14:14 UTC (8 hours ago)
        
 (HTM) web link (www.scmagazine.com)
 (TXT) w3m dump (www.scmagazine.com)
        
       | jvdvegt wrote:
       | Ironic that scmagazine.com has the exact same issue with their
       | cookie banner as what Microsoft is now being fined for.
        
         | wongarsu wrote:
         | GDPR enforcement so far is one of these rare examples where the
         | bigger fish are fined and prosecuted first. (Yes, fines against
         | smaller players happen, but are less likely on a per-company
         | basis).
        
           | johndhi wrote:
           | Agreed.
           | 
           | Jfyi if curious, cookie law technically isn't part of GDPR.
           | It's from an older law that was ignored for many years called
           | the e-privacy directive.
        
           | Semaphor wrote:
           | The (very small) company I work at got a warning from our DPA
           | (Germany, SH, so the relevant one is the ULD). I had a nice
           | discussion with our caseworker there, where he also said that
           | for small companies, they are _extremely_ lenient and very
           | happy to work with them to improve things.
        
             | fpoling wrote:
             | I was at presentation about GDPR in Norway and the implied
             | message was similar. It can be tricky to implement GDPR
             | correctly, but if a small company will mistake on that,
             | authorities will simply point to it with a reasonable
             | timeline to fix it before any talk about fines.
             | 
             | Bigger companies is supposed to have resources to implement
             | GDPR properly the first time.
        
           | slowwriter wrote:
           | GDPR is not the EU regulation on cookies. GDPR only has a
           | single direct mention of cookies. The ePrivacy Directive is
           | what's known as the "cookie law" (https://gdpr.eu/cookies/)
        
             | loeg wrote:
             | The ePD dates to 2002 but stupid cookie banners only came
             | into being around the same time as the GDPR in 2018. I
             | think you can say the cookie banners are in some technical
             | legal sense ePD's fault, but to laypeople it certainly
             | seems that the GDPR is why every website is less usable and
             | more annoying than it was just a few years ago.
        
               | meowface wrote:
               | Haven't those annoying banners been prevalent long before
               | 2018? Maybe GPDR made them more popular, but I'm not
               | sure.
        
               | loeg wrote:
               | The short answer is no. They are a very recent
               | phenomenon.
        
           | wmeredith wrote:
           | It would be nice if everything worked that way. When it works
           | the opposite way, it's a vicious cycle of letting the biggest
           | fish grow and making them even harder to go after.
        
             | r00fus wrote:
             | That's the expected outcome if you let the big players
             | capture [1] the regulatory regime.
             | 
             | [1] https://en.wikipedia.org/wiki/Regulatory_capture
        
       | deltree7 wrote:
       | [flagged]
        
         | rahen wrote:
         | I'm pretty sure European companies are expected to follow US
         | laws when operating on US soil. Why shouldn't the opposite be
         | true?
        
           | johndhi wrote:
           | This regulator approach is pretty common in western Europe so
           | it's hard to choose which country to exit between France,
           | Germany, or Italy. And worst yet, each has its own pet peeve
           | that it enforces - France with cookies, Italy with contract
           | language, Germany with employee monitoring.
        
           | deltree7 wrote:
           | Can you tell me how GDPR has improved European lives over say
           | a New Yorker?
           | 
           | Go ahead, I'm waiting.
           | 
           | The number of HNers who are willing to accept stupid laws and
           | beholden to bureaucracy is mind-boggling
        
             | nequo wrote:
             | I want to be able to opt out of tracking. GDPR has improved
             | my life.
             | 
             | Websites that want to make it easy for me give me a "reject
             | all cookies" button. It is not the fault of GDPR that most
             | websites want to trick you into just clicking "accept all."
        
             | throwbadubadu wrote:
             | The laws intention was totally fine, and if browsers and
             | sites e.g. would have implemented it with a more DNT like
             | approach or just a default opt-in than annoying opt-out
             | approach everyone could have benefitted, but sure AD
             | companies and everybody else snapped in and needed to annoy
             | and show everybody how bad and unreasonable this whole
             | bullshit implementation now is (which it really is, goals
             | achieved on all sides - except for customers, which are
             | still mostly tracked and now also annoyed..)
        
             | xxs wrote:
             | zero robocalls, and I don't have any spam - but that's a
             | bait in bad faith, as you have zero experience on your own.
        
             | Jensson wrote:
             | You can request job interview data from companies or them
             | backlisting you etc. GDPR isn't just internet data, it is
             | all data.
             | 
             | Do you think it is good that your healthcare data is secret
             | in USA? If so, why just healthcare data? If a woman buys
             | pregnancy related items, and that company sells that data
             | to everyone else, now everyone knows she is likely
             | pregnant, why should that be completely public and free for
             | all? GDPR prevents that.
        
             | mopsi wrote:
             | > _Can you tell me how GDPR has improved European lives
             | over say a New Yorker?_
             | 
             | My spam disappeared overnight. There was a flood of "click
             | here to give consent" emails a little before GDPR came into
             | force, and then radio silence. I now only get the low-
             | effort botnet viagra emails that are trivial to identify
             | and catch, and even their amount has dwindled to only 5
             | this month. I guess most of them fail SPF/DKIM/etc tests
             | and don't get delivered at all.
             | 
             | Same with snail mail. I used to get a pretty large pile of
             | all kinds of ads every week, now I get only invoices,
             | official notices and postcards from friends.
             | 
             | In online services like Youtube, I don't have to click
             | through menus to opt-out of tracking anymore. There's now
             | an equally visible opt-out button on the consent dialog.
             | When I visit sites like USA Today, I get a much nicer
             | version without tracking, ads and auto-playing videos:
             | https://i.imgur.com/YQXaavw.jpg
        
               | bootsmann wrote:
               | The Youtube one-click opt-out is a result of a similar
               | decision as the OP by the French courts actually.
        
         | _Algernon_ wrote:
         | EU has every right to regulate companies that want to operate
         | on European soil. Just as American companies have every right
         | to stay out the European market if they don't want to comply.
         | 
         | As we see, despite the fines, they choose to stay, which means
         | they still profit.
         | 
         | If anything EU should increase the fines.
        
           | deltree7 wrote:
           | Absolutely!
           | 
           | It's time for someone started showing some balls against
           | these rent-seeking bureaucratic moochers.
           | 
           | * Release open source software with license specifically
           | prohibiting European companies from using them.
           | 
           | * Increase prices for services. (chatGPT should be 3x more
           | for European users)
           | 
           | The best part is, even with 3x prices local European
           | companies can't compete because of draconian laws.
           | 
           | It's time for free-market to truly show it's power.
        
             | _Algernon_ wrote:
             | >Release open source software with license specifically
             | prohibiting European companies from using them.
             | 
             | Even if this happened (which it wont, see sibling
             | comments), it would have to be enforced within the European
             | courts. EU could easily just change laws or choose not to
             | enforce it.
             | 
             | And do the same for copyright of American media. Congrats!
             | Now you have started a trade war and Russia and China are
             | laughing in the corner.
        
             | nequo wrote:
             | > Increase prices for services. (chatGPT should be 3x more
             | for European users)
             | 
             | > It's time for free-market to truly show it's power.
             | 
             | If they raise service prices to three times above the US
             | level, they will forego profits. Why would the free market
             | do that?
        
               | [deleted]
        
             | JCWasmx86 wrote:
             | > rent-seeking bureaucratic moochers.
             | 
             | Sorry but no. That's like getting a speeding ticket and
             | complaining about the fine. You break a law - you pay a
             | fine. That is no rent-seeking.
             | 
             | > Release open source software with license specifically
             | prohibiting European companies from using them.
             | 
             | That's no longer opensource: The license must not
             | discriminate against any person or group of persons.
             | (https://opensource.org/osd)
        
           | bcrosby95 wrote:
           | Some choose to stay. And for those that don't, people in the
           | EU complain about getting blocked by those websites.
        
             | _Algernon_ wrote:
             | Which is fine. European alternatives will emerge.
        
         | treeman79 wrote:
         | I have a feeling that at some point to companies are just gonna
         | ban France altogether.
         | 
         | Detroit is a good example of when you push companies too far
        
           | dybber wrote:
           | Well, then someone else will be happy to replace them and
           | earn the money instead :-) There's already a french search
           | engine company that could take the Bing users (Qwant)
        
             | deltree7 wrote:
             | let them. It's also about time to build open source license
             | that specifically prohibit EU companies from using them.
             | Bunch of rent-seeking moochers
        
         | JCWasmx86 wrote:
         | Maybe those american companies simply shouldn't track the users
         | and follow the local laws?
         | 
         | The majority of GDPR fines are avoidable, if the websites would
         | just use GDPR-compatible tracking banners, but they decided to
         | break the law => Consequences
        
         | hansworst wrote:
         | Or, you know, maybe companies could just respect the laws in
         | the countries in which they do business. And if they disagree
         | with those laws, they can either ignore them and pay the fine,
         | or simply choose to not do business in those countries.
        
         | mopsi wrote:
         | What's draconian about requiring opt-out button to be displayed
         | the same way as opt-in button?
        
       | jefftk wrote:
       | Earlier discussion: https://news.ycombinator.com/item?id=34095258
        
       | johndhi wrote:
       | I interpret cookie law for a tech co.
       | 
       | Imo the law should be structured such that people who care can
       | opt out of cookies programmatically, but every day people who
       | don't care don't need to see a pop up on every site. That causes
       | psychic load and makes us hate the internet.
       | 
       | Also, people should get together and vote on what constitutes
       | "strictly necessary" cookies that don't require consent and "non-
       | essential" cookies that do. It's currently up to some nerds in
       | EU.
       | 
       | Why can't we have people make these calls?
        
         | chpatrick wrote:
         | It's intentionally annoying so that companies that want to
         | track people have to live with inconveniencing their users.
        
           | SquareWheel wrote:
           | Well that's every company. So now every website is annoying.
        
             | chpatrick wrote:
             | Well, if you don't want your website to be annoying there's
             | a straightforward solution.
        
           | layer8 wrote:
           | This is incorrect. Companies choose to make it annoying in
           | order to trick people into accepting cookies who otherwise
           | wouldn't.
        
         | danhor wrote:
         | GDPR doesn't require popups, it also allows for programmatic
         | solutions. For some reason (lookin' at you DNT) online
         | advertisement companies, publishers and browser vendors never
         | came together to specify one after GDPR was passed.
         | 
         | Some sites like geizhals.de respond to DNT and only use the
         | bare minimum, but that's the exception, not the norm (for some
         | reason _hint_ _hint_ ).
         | 
         | Usually laws don't prescribe some specific technical
         | implementation unless absolutely necessary because they're
         | often not optimal and go out of date quickly.
        
         | TechBro8615 wrote:
         | The Do-Not-Track header is a perfect solution to this, but
         | unfortunately the largest browser vendor is also the largest
         | advertising network, so the implementation of DNT devolved into
         | a farce.
        
           | astrange wrote:
           | DNT, like all other configurable browser features (including
           | script blockers), can be used to fingerprint you too.
        
             | loeg wrote:
             | The ePD/GDPR are not about technical barriers for bad
             | actors, but about compliance for good actors. Technical
             | mechanisms like DNT would be a reasonable way to get rid of
             | cookie banners while complying with ePD/GDPR.
        
           | jnky wrote:
           | I disagree that the "Do-Not-Track header is a perfect
           | solution to this", because it implies that the default (i.e.
           | the header being absent) should allow sites to track you. I
           | (and apparently EU legislators) think opting in to privacy is
           | wrong. You should have privacy by default. If anything, there
           | should be a "Creepily-Track-My-Activity-Over-The-Entire-
           | Internet" header, that, when present, allows tracking.
           | 
           | There also used to be another standard called "P3P" that
           | tried to integrate privacy into browser UIs with a more or
           | less standardized interface and that, too, failed. Among
           | other reasons because companies wanting to track people
           | subverted it.
        
           | lern_too_spel wrote:
           | It has nothing to do with the browser vendor being in the ads
           | industry. It's up to the website operator to respect it. If a
           | website operator doesn't like a browser vendor's DNT
           | defaults, it won't respect it, and that is why DNT failed.
           | Regulatory backing could fix it.
        
           | johndhi wrote:
           | Yeah.
        
         | shadowgovt wrote:
         | Because behavioral psychology tests reveal that the public is
         | both super-paranoid about being spied on and will sell their
         | PII to anyone who asks in exchange for a $5 discount at a
         | store.
         | 
         | It's hard to craft good law when the mismatch between public
         | stated desire and public behavior is so wide.
        
           | chickenimprint wrote:
           | My carrier literally bugs me about giving away more and more
           | personal info for 5 bucks every 2 months. They must have
           | heard of the same research. They also ask for consent to
           | receive "advice" and term it "our gift to you". I wonder how
           | many people must fall for it.
        
           | Matumio wrote:
           | > It's hard to craft good law when the mismatch between
           | public stated desire and public behavior is so wide.
           | 
           | Some people would also sell their right to vote for $5 if
           | that was legal. It's not hard to make such a law. You simply
           | could make it illegal e.g. to offer money for PII during a
           | purchase that doesn't strictly require it. Or to not respect
           | the automatically transmitted cookie choice. Those who oppose
           | such laws are the lobbyists of the big companies, not "the
           | people".
        
           | dybber wrote:
           | It shouldn't be by law, it should just be part of web
           | standards that you can set your cookies preferences once and
           | for all and all websites should respect that setting. I guess
           | browser vendors and whoever else sits in these W3 consortiums
           | like their cookies too much.
        
             | johndhi wrote:
             | Agreed, though the issue is that the very same technology
             | can be used for perfectly acceptable and desired use cases
             | (online shopping cart) or distasteful ones (behavioral
             | advertising). So it's hard to set a strict standard.
        
             | rolph wrote:
             | always poison your cookies when your done with them.
        
             | Xelbair wrote:
             | If only there was such thing, maybe call it 'do not track',
             | and put it in the header of request.
             | 
             | Oh wait - it was a thing, and was used as just another data
             | point for tracking.
        
             | shadowgovt wrote:
             | This was attempted with the "Do Not Track" header, but that
             | initiative collapsed (lack of vendor support, lack of
             | clarity in the spec regarding what it meant to not "track"
             | someone, and ultimately it got yanked from Safari because
             | it was yet another bit that malicious site operators could
             | use for browser fingerprinting purposes).
             | 
             | The "Global Privacy Control" header is apparently the
             | second attempt to cook this goose.
        
               | shkkmo wrote:
               | The fundamental flaw to the DNT was the lack of any sort
               | of penalty for non-compliance. There was no penalty for
               | individual advertisers from either the government or from
               | industry bodies. There was also no penalty to the
               | advertising industry as a whole in the form of more
               | stringent privacy laws.
        
             | cush wrote:
             | Absolutely should have been built into the browser
        
           | nonrandomstring wrote:
           | > that the public is both super-paranoid about being spied on
           | and will sell their PII to anyone who asks in exchange for a
           | $5 discount
           | 
           | You raise an interesting point about this apparent
           | disconnect.
           | 
           | > Because behavioural psychology tests reveal
           | 
           | What do you know abot these "psychology tests"? Isn't the
           | reality that both things you assert are really inferences
           | based on anecdotal tales on forums like this one?
           | 
           | Do you know of any large-scale cross cultural, long term
           | studies that show who will part with sensitive private data
           | for small compensation? How are these studies controlled for
           | situation, perceived reward, time pressure, trust levels?
           | 
           | What do we really know about widespread beliefs regarding the
           | misuse of data? What are people's threat models? How do they
           | assess harm?
           | 
           | I'm not disputing the truth of what you say - both ring true.
           | 
           | I think we instinctively know all rational people are
           | strongly anti-surveillance. For complex social reasons we
           | humans dislike creeps and snoops and treat them as social
           | outcasts. But we also know that many people will sell their
           | grandmother for a slight convenience or advantage. Do these
           | two facets really clash, and if so why?
           | 
           | > It's hard to craft good law when the mismatch between
           | public stated desire and public behaviour is so wide.
           | 
           | Is is though?
           | 
           | Aren't both positions reconcilable if people make no causal
           | link between the two? What if people just don't have the
           | capacity to make that connection? Could good laws still
           | protect them in the way that laws about asbestos protect
           | people from harms related to chemistry and disease they
           | cannot possibly understand?
        
             | gretch wrote:
             | > Could good laws still protect them in the way that laws
             | about asbestos protect people from harms related to
             | chemistry and disease they cannot possibly understand?
             | 
             | They may not understand the chemical mechanisms, but the
             | end effect is super easy to understand: "hey if you breath
             | this in you get cancer"; "hey if you eat this, you die"
             | 
             | Compared to the threat of something like cookies... "hey if
             | you let these companies spy on you then...?"
        
               | nonrandomstring wrote:
               | > hey if you let these companies spy on you then....
               | 
               | Then you'll suffer multiple digital, and eventually
               | physical harms;
               | 
               | - You'll lose money on bandwidth that's robbed from you
               | 
               | - you'll lose access to goods and services on the basis
               | of calculated prejudice
               | 
               | - you risk identity theft, impersonation, having loans
               | taken out in your name...
               | 
               | - you'll be exposed to manipulation, targeted
               | disinformation
               | 
               | - you'll experience increased targeted attacks like
               | phishing
               | 
               | - friends, relatives, spouse and others close to you will
               | also be targeted
               | 
               | - your time will be wasted dealing with more spam and
               | nuisance
               | 
               | - you will lose CPU, memory and battery life as the
               | concrete resources of your devices are given over to the
               | advertising burden
               | 
               | - you will eventually suffer tangible harms, loss of
               | employment, impacted credit score, loss of medical
               | access...
               | 
               | Sure, it needs more words to explain. Not quite so punchy
               | and succinct as the real deal. But digital cancer caused
               | by these companies' products can well be explained to the
               | average "consumer" if they just stuck an ugly picture on
               | the carton of a destitute homeless guy and the message
               | "Surveillance capitalism can ruin your life".
        
           | johndhi wrote:
           | Well put. We were given Facebook for free on the basis that
           | they can advertise to us. We voted for behavioral advertising
           | with our feet.
           | 
           | Yet, we consume documentaries about how evil zuck is and love
           | to hate him.
           | 
           | But shouldn't we take both into account or just think about
           | it hard once and then be done with it? We're wasting a lot of
           | time and energy.
        
             | shadowgovt wrote:
             | History suggests that trying to fit a "once and for all"
             | solution atop a populace in disagreement results in
             | disaster.
        
           | hackernewds wrote:
           | Additionally there's also a mismatch between what is good for
           | the public versus what the public will end up choosing (due
           | to ignorance or carelessness). This is illustrated in your
           | first example.
           | 
           | Good laws will protect the public from themselves, even at
           | the cost of supposed freedoms (think schedule A drugs,
           | production, revenge porn, tobacco).
        
         | pyrale wrote:
         | > Imo the law should be structured such that people who care
         | can opt out of cookies programmatically, but every day people
         | who don't care don't need to see a pop up on every site. That
         | causes psychic load and makes us hate the internet.
         | 
         | Make it opt-in programatically rather than opt-out and we may
         | agree.
        
         | jokoon wrote:
         | If an user is not logged in, there should be zero cookie, there
         | is no need to differentiate cookies.
        
           | ajross wrote:
           | What is a "cookie" if not a generalized abstraction for
           | "logged in"?
           | 
           | You seem to be calling for some kind of regulation that
           | defines how identities are stored and managed on the
           | internet. And that sounds really interesting to discuss.
           | 
           | But it's absolutely a much bigger problem than one "should"
           | clause on HN
        
           | johndhi wrote:
           | What if you want to support shopping carts or chat bots for
           | anonymous users? Or what about ddos prevention?
           | 
           | Isn't a cookie (or local or session storage) needed in those
           | cases?
        
             | anankaie wrote:
             | DDoS prevention does not need cookies, though they can
             | certainly be useful to attempt to track honest users.
             | Dishonest ones will prevent cookies from being set in the
             | first place, or, if you only use cookies to mark 'good'
             | sessions, will learn to spoof your cookie.
             | 
             | Never rely on your security adversary not doing something
             | to break your security for its efficacy. It is the same
             | thing with KM AntiCheat (which is best handled by the OS,
             | and even then virtualization breaks it) - unlike an
             | antivirus the target user is adversarial to the
             | application.
             | 
             | For shopping carts, you can have a season token as a query
             | parameter, like jsessionid used to be for ages. Does not
             | help across browser sessions, but a session cookie would
             | not help there either, much.
             | 
             | Not sure why the chat bot would need the cookie. To track
             | across sessions? If so, I would posit that this is no
             | longer anonymous access. The identity of the user is
             | defined as the cookie you use to track her.
             | 
             | Edit: Typos. Typos everywhere!
        
               | tomp wrote:
               | Technically, a `session_id` in query parameters is just
               | like a cookie (can be used to track you), except that it
               | doesn't persist.
               | 
               | I'd consider it a basic feature that if I reload a
               | website, or open it in a new tab, I'm still logged in,
               | the shopping cart is still full, and I see past messages
               | in the chat window.
               | 
               | While _technically_ all of the above can be implemented
               | without cookies (in a very user-unfriendly way), it 's so
               | below the expected user experience that I'd argue that
               | cookies are _strictly necessary_ for these purposes.
        
               | pyrale wrote:
               | > I'd consider it a basic feature that if I reload a
               | website, or open it in a new tab, I'm still logged in,
               | the shopping cart is still full, and I see past messages
               | in the chat window.
               | 
               | That is, as if, to the site owner, you were not
               | anonymous.
               | 
               | It's ok for you to want that, the law is there to protect
               | the ones that don't want it. Because, as it is, websites
               | tend to side with you already.
        
               | tomp wrote:
               | The idea of logging in is that you're no longer
               | anonymous.
               | 
               | You can, of course, always use a private browser window
               | if you want to limit _everything_ to just that one tab.
        
               | anankaie wrote:
               | Private Chromium-based browser windows share state
               | between tabs, at least on Windows*. You need to close out
               | all private instances of that "install" of the browser to
               | drop the contents: They are just not saved into a
               | history, beyond that tab's history. Cookies, however, are
               | stored (in memory, I am guessing) until the session
               | closes.
               | 
               | ------
               | 
               | * - others might too, but I only have access to
               | Chromium/Win right now.
        
               | jakear wrote:
               | IndexedDB/LocalStorage can do all that without relying on
               | the server.
               | 
               | The real shame is that Apple has decided IndexedDB is too
               | powerful to allow outside of their walled garden and will
               | auto-delete it after a week or so. Worse still, Service
               | Worker caches are cleared so offline-available websites
               | break after a week.
               | 
               | https://stackoverflow.com/questions/50795409/is-
               | indexeddb-on...
        
               | Scarblac wrote:
               | None of that needs to happen on the server, so cookies
               | aren't needed.
        
               | johndhi wrote:
               | I'm not quite as technical as you but what do you think
               | of Cloudflare's explanations for why they use cookies for
               | security and load balancing purposes here?
               | 
               | https://developers.cloudflare.com/fundamentals/get-
               | started/r...
               | 
               | The law says cookies that aren't "necessary" are illegal
               | without explicit consent. Perhaps there's room for
               | "necessary" to include cookies that are helpful
               | technically even if not absolutely the only way things
               | could be done.
        
               | anankaie wrote:
               | Every security boundary is about increasing the
               | difficulty of bad actors succeeding in their desired
               | action. The problem with the cookie one is that it cannot
               | be singularly authoritative, in that your decision of
               | "allow" /"disallow" cannot solely depend on the value of
               | the cookie.
               | 
               | So to try to construct a way one could do this, the are
               | some constrains on the possibilities:
               | 
               | * Deleting the cookie should not improve chances of
               | "allow" * There should not be a magic value of the cookie
               | that is known to improve chances of allow
               | 
               | Thus, this should be used as a transient identifier with
               | the TTL set to less than the expected time to discover
               | "good values" to spoof.
               | 
               | The fact that the system needs to be able to work in the
               | case of an adversary deleting these cookies (potentially
               | at the cost of hitting more CAPTCHAs than otherwise)
               | means that I cannot honestly call the cookies "essential"
               | in the colloquial meaning of the word. Another poster
               | explained that there are specific carveouts in the law
               | for this situation.
        
               | tomp wrote:
               | I'd be very nervous if I was Cloudflare. They pretty
               | explicitly say that the cookies are _not_ strictly
               | necessary for using the websites.
               | 
               |  _> cookies are strictly necessary to provide the
               | services requested by our customers_
               | 
               | Cloudflare's customers are _websites_ , not _users_ ,
               | whereas the latter are protected by Cookie Law / GDPR.
               | 
               | That's _exactly_ why Microsoft was fined (according to
               | [1]):
               | 
               |  _> Microsoft argued that detecting ad fraud was
               | "strictly necessary" for running bing.com, but the court
               | disagreed, saying that advertising is not a service
               | requested by the user. (point 53 in the full decision)._
               | 
               | [1] https://news.ycombinator.com/item?id=34096210
        
               | johndhi wrote:
               | Nah, Cloudflare is on pretty solid ground. The data
               | protection authorities' guidance is explicit that load
               | balancing and security-related services are safely
               | considered strictly necessary for websites.
        
       | martinald wrote:
       | I think despite the goals of GDPR/cookie law being laudable, it
       | really has turned into a complete trainwreck for the European
       | tech sector IMO.
       | 
       | I work with tech product companies in both the EU and US. EU
       | companies are completely stymed by GDPR/privacy implications.
       | Features are often delayed for weeks/months as it goes through
       | endless cycles of GDPR etc compliance discussion, which often
       | doesn't have a concrete answer in the end!
       | 
       | Smaller tech companies in the US are in the whole not doing this.
       | They are moving far, far, faster because of it. It really is
       | night and day.
       | 
       | Sidenote: EU tech companies tend to be much more risk averse than
       | US ones in general. This means GDPR really scares leadership
       | there and the often lose the bigger picture.
       | 
       | The worst thing about these laws are that the regional/national
       | courts are all interpreting them differently, often with major
       | implications.
       | 
       | I think we will actually get to the point where many tech
       | products just block the EU from using them. It is impossible to
       | comply with the law IMO with so many conflicting interperations
       | from regional courts and if the fines keep ratcheting up it will
       | become uneconomic to serve the EU market.
        
         | bootsmann wrote:
         | I work for an EU tech startup and our experience is entirely
         | the opposite. The trick here is to think about how you use the
         | data _before_ you collect it and not just collect whatever you
         | get by default because thats how you speedrun ending up in the
         | courts.
        
           | martinald wrote:
           | But when you are quickly iterating on products you don't know
           | every permutation ahead of time on how you are going to use
           | data?
        
             | bootsmann wrote:
             | I'd be really interested in what kind of products you're
             | talking about here where blindly collecting customer data
             | ahead of time somehow brings value.
        
         | monsieurcanard wrote:
         | From the article:
         | 
         | >The website also lacked a button for users to reject cookies
         | as simply as accepting them, CNIL said, where two clicks were
         | required to refuse all cookies while only one was needed to
         | accept them.
         | 
         | No need for FUD and fear mongering, "oh no it's so complicated,
         | every town in Europe has different laws, what can we doooooo we
         | are doomed someone please help us"
         | 
         | And it's not even difficult. We do it every day. When I go to
         | the shop I take products in my basket, and then I extend cash
         | (or a card) to the cashier. I don't ask them if they are sure
         | they want to accept payment, or offer them to take the money
         | only in the form of 10,000 coins of 2 cents, or throw the money
         | in the air and ask them to catch it, etc.
         | 
         | If American corporations were not run by psychopaths this would
         | not even be a debate. Dark patterns are evil and I hope
         | corporations using them cynically will continue to get punished
         | to the tune of millions of dollars.
        
         | RajT88 wrote:
         | > I think despite the goals of GDPR/cookie law being laudable,
         | it really has turned into a complete trainwreck for the
         | European tech sector IMO.
         | 
         | It's a giant pain for my work for sure. Anything which _could
         | potentially_ have _some intersection_ at _some point_ with
         | European customers has to fully comply with all of these EU
         | privacy regulations.
         | 
         | Usually that means taking an already clunky internal system and
         | adding a bunch of restrictions to it to make it even more
         | clunky. Also banning some useful practices and tooling that me
         | and people like me use for our day-to-day.
         | 
         | Yes, some of this is due to internal dysfunction.
        
         | Zanfa wrote:
         | It seems to be more a case of companies not actually wanting to
         | follow the the law and do the straightforward thing - not
         | collect personally identifiable information unless absolutely
         | necessary for the functionality of the product / service.
         | Instead they want to continue business as usual, trying to work
         | around the law with as many dark patterns as they can possibly
         | fit into a cookie popup.
        
           | martinald wrote:
           | I wasn't really meaning this exact case. But, so much time
           | and effort being spent on _cookie popup windows_! I imagine
           | 99%+ of users click accept regardless (even if reject is just
           | as easy to click).
        
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