Comment on Youtube's Anti-adblock is illegal in the EU

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Aceticon@lemmy.world ⁨11⁩ ⁨months⁩ ago

“Defensible strategy” doesn’t mean much until it goes to court and gets tested - just look at all those Cookie Popups in the early days with “user must uncheck everything to Reject” anti-patterns which ended up being ruled as not valid per the GDPR which is why nowadays all the major websites have “Reject All” buttons in those.

So far on everything that had not yet been explicitly clarified, when it did the ball has consistently fallen on the side of explicit user consent on colleting any “user identifying” data beyond that which is technically required for operation and Ad Blocking is not a tecnical requirement for the operation of a video sharing website.

Indeed, it ultimatelly will need to be tested in court. My point is that relying on an expectation that a court will rule that the collection of user private information for remote processing related to a functionality which is not technically required without explicit user consent is ok if there’s some entry somewhere in the ToS is ok, is quite the wild bet as that would be a massive loophole on the GDPR, and further, even if that that did happen, the Commission wouldn’t rush to close such a loophole.

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