Opt-out is still illegal in many cases… a lot must be opt-in based. Typically consent must be freely given.
Will they become liable if I don't opt-out?
In the EU, they certainly aren't allowed to "assume consent".
It depends if someone bothers to sue them or not. In the EU court decisions until now point that profiling for advertising should be opt-in not opt-out but companies keep trying to find loopholes or at least hoping to not attract too much attention with their defaults.
In EU no one individual needs to sue them. The what-ever-the-office-might-be-responsible at EU burecracy will just send them an nicely worded letter that says "play by the book or we'll give you fine big enough to bankrupt you no matter how much money you think you have". The fine is based on company revenue (or sales, I don't remember what it spesifically was) and there's no way you'll weasel yourself out of that no matter how many american lawyers you can hire. The same folks forced Apple to adapt usb-c, so good luck Spez if you try to challenge that.
One small correction: There is no EU office responsible for GDPR enforcement, the EU member states are responsible for handling GDPR breaches within their jurisdiction (Art. 51 GDPR). As an individual you can also file a complaint against offenders (Art. 77 GDPR).
Countries where they're legally required to.
OK but next year it will be illegal in the EU under thr DMA. It's illegal regardless of opt-in or opt-out.
Australia? How ? Isn't Australia one of the five eyes country? Like more the data these companies collect its better for Australia.
I'll be very surprised if our govt does anything positive when it comes to digital rights. The current shower of arseholes in government supported the previous even bigger shower of arseholes to pass diabolical legislation like data retention and assistance and access bills.
I am actually not even sure that is true. Some News sites like golem.de and heise.de are doing this for years. It is basically agree to this or leave the site.
This may or may not be illegal, depending on what the “this” is you’re agreeing to. As a simple example, if it is “you agree to functional cookies by continuing to use the site”, that’s fine. If it is “you agree to us scraping your computer and selling everything we find to China”, that is most definitely not legal, nor is refusing service if you don’t agree.
Which is illegal in the EU and about to be illegal in Australia
¯\_(ツ)_/¯Maybe I'll "move to Europe" lol
fires up VPN
Or maybe I'll just stop visiting reddit entirely?
I live in europe! On the internet!
Opt-out is still illegal in many cases… a lot must be opt-in based. Typically consent must be freely given.
Will they become liable if I don't opt-out?
In the EU, they certainly aren't allowed to "assume consent".
It depends if someone bothers to sue them or not. In the EU court decisions until now point that profiling for advertising should be opt-in not opt-out but companies keep trying to find loopholes or at least hoping to not attract too much attention with their defaults.
In EU no one individual needs to sue them. The what-ever-the-office-might-be-responsible at EU burecracy will just send them an nicely worded letter that says "play by the book or we'll give you fine big enough to bankrupt you no matter how much money you think you have". The fine is based on company revenue (or sales, I don't remember what it spesifically was) and there's no way you'll weasel yourself out of that no matter how many american lawyers you can hire. The same folks forced Apple to adapt usb-c, so good luck Spez if you try to challenge that.
One small correction: There is no EU office responsible for GDPR enforcement, the EU member states are responsible for handling GDPR breaches within their jurisdiction (Art. 51 GDPR). As an individual you can also file a complaint against offenders (Art. 77 GDPR).
Countries where they're legally required to.
OK but next year it will be illegal in the EU under thr DMA. It's illegal regardless of opt-in or opt-out.
Australia? How ? Isn't Australia one of the five eyes country? Like more the data these companies collect its better for Australia.
I'll be very surprised if our govt does anything positive when it comes to digital rights. The current shower of arseholes in government supported the previous even bigger shower of arseholes to pass diabolical legislation like data retention and assistance and access bills.
https://sopuli.xyz/post/4017115
The EU just does so many things right.
America: "SoCiALisM"
I am actually not even sure that is true. Some News sites like golem.de and heise.de are doing this for years. It is basically agree to this or leave the site.
This may or may not be illegal, depending on what the “this” is you’re agreeing to. As a simple example, if it is “you agree to functional cookies by continuing to use the site”, that’s fine. If it is “you agree to us scraping your computer and selling everything we find to China”, that is most definitely not legal, nor is refusing service if you don’t agree.