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Arpeggio

Now illegal under GDPR ---> "Sign up to newsletter for free eBook" type promo

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I've just discovered the very common practice of offering an eBook if people subscribe to your newsletter is now illegal under GDPR.

As follows: https://litmus.com/blog/5-things-you-must-know-about-email-consent-under-gdpr Under number 2: "If subscribing to a newsletter is required in order to download a whitepaper, for example, then that consent is not freely given." Leaving the EU making no difference

Not the end of the world for me but is anyone else aware of this? is Bettina's interpretation correct? I know a lot of others in the UK / EU are still doing this, probably unaware of this part of GDPR.

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Consent has to be very explicit, date and time recorded of when it was given.

So it depends on the consent message, not an e-book.

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All you have to do is have a consent popup with a option to opt out.

So people can have the e-book with a subscription or if they opt out they will get the e-book without the email subscription.

In reality (like with all cookie warnings over the last few years), most websites will design the consent form to be such a giant PITA that most people will just click accept and move on with their lives.

This is what I hate about the EU, all this stuff is dressed up as though they are advocating for the consumer but in reality the whole thing has been lobbied for by big business. They want you to enable all the spyware and online tracking and a constant stream of GDPR popups is supposedly just the tool to make you turn off any privacy add-ins and Ad/cookie blockers.

Of course there is another plugin for that

https://www.i-dont-care-about-cookies.eu/

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1 hour ago, Habeas Domus said:

All you have to do is have a consent popup with a option to opt out.

Many Thanks Habeas Domus. Either way it appears that I would not be allowed to offer the eBook as part of the opt-in. However I think you mean an option to opt in rather than out (1. Consent requires a positive opt-in).

 

1 hour ago, Habeas Domus said:

So people can have the e-book with a subscription or if they opt out they will get the e-book without the email subscription.

Looks like that's the way to go then. Having looked around further I found this:

https://jarrang.com/2018/05/a-practical-guide-to-gdpr-and-email-marketing-part-4-competitions-giveaways-growing-your-list/ quote: "a subscriber should be able to access the content or incentive without automatically being signed up to ongoing marketing communications." While their free eBook adheres to it as non-conditional with subscribing to list as optional.

 

1 hour ago, Habeas Domus said:

This is what I hate about the EU, all this stuff is dressed up as though they are advocating for the consumer but in reality the whole thing has been lobbied for by big business. They want you to enable all the spyware and online tracking and a constant stream of GDPR popups is supposedly just the tool to make you turn off any privacy add-ins and Ad/cookie blockers. 

Of course there is another plugin for that

https://www.i-dont-care-about-cookies.eu/

It does looks like that. The VAT on Digital goods still has a threshold turnover of £0 (!). I use a larger company to sell digital goods directly, they deal with the varying sales tax rates for the 28 different EU states 😬 !

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I always describe it as an opt out because every GDPR popup I've see has a giant [ACCEPT] button, but to reject them (supposedly the default) you typically have to untick about 500 boxes and then find a grey on grey coloured button which allows you to continue.

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24 minutes ago, Habeas Domus said:

I always describe it as an opt out because every GDPR popup I've see has a giant [ACCEPT] button, but to reject them (supposedly the default) you typically have to untick about 500 boxes and then find a grey on grey coloured button which allows you to continue. 

I see. So that's a Cookie thing I guess? I'll be using a webform on one specific webpage rather than pop-up (I find those pop-ups annoying when I'm trying to read a webpage and they suddenly jump out in front).

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Apparently if I send a sign up confirmation email I have to have a consent button on my website for the tracking code that confirms they clicked the confirmation link in the confirmation email.

9 out of 10 people wont be  tech savvy enough to know that not clicking the extra consent button will mean their subscription won't get confirmed.

Looks like I might have to use single opt-in with no confirmation email, seems a few other do this whether under EU law or not.

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On 28/07/2018 at 19:49, Habeas Domus said:

I always describe it as an opt out because every GDPR popup I've see has a giant [ACCEPT] button, but to reject them (supposedly the default) you typically have to untick about 500 boxes and then find a grey on grey coloured button which allows you to continue.

Which would make your consent completely invalid - they don't have your consent under GDPR by doing that. Besides, you can immediately make them forget you. 

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6 minutes ago, Peter Hun said:

Which would make your consent completely invalid - they don't have your consent under GDPR by doing that. Besides, you can immediately make them forget you. 

When they press the ACCEPT button, that is explicitly giving consent, the fact they have made it super hard (but not impossible) to continue without pressing the button is not (I dont think) a breach of GDPR. Though I wouldnt be surprised if this doesnt get challenged in court at some stage.

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3 minutes ago, Habeas Domus said:

made it super hard (but not impossible) to continue without pressing the button is not (I dont think) a breach of GDPR

Yes it violates GDPR. Decline has to be one click, there can't be any tricks like this, its explicitly mentioned.

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Seems to be the modern design trend but some (Lloyds bank is one) have a very badly designed "turn these off" option that has "on" and "off", one green, one white, click to toggle on and off. Which is the highlighted one and hence selected is completely un-obvious. Whatever happened to the straightforward, obvious, clear tickbox?

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20 minutes ago, Riedquat said:

Seems to be the modern design trend but some (Lloyds bank is one) have a very badly designed "turn these off" option that has "on" and "off", one green, one white, click to toggle on and off. Which is the highlighted one and hence selected is completely un-obvious. Whatever happened to the straightforward, obvious, clear tickbox? 

I doubt many read it all. The size of the box is obstructive enough to the website it makes it as good as a compulsory action. Perhaps the amount of text is supposed to overwhelm and make people click "accept". I've read in marketing that if people are presented with too many choices they disengage. Might be wrong but given all that it seems geared to make people just click "accept" lol.

I don't see the point in tracking at the level of someones a personal data but perhaps that just due to the small size of my business. Google Analytics tells me more than I need to know like bounce rate, average time on site, what device/OS/Browser they used, Direct/Referral traffic, repeat visits, country etc.

I'm curious why would a website want to know more? I'm sure there are reasons. I suppose so that a website can tailor what a person sees based on their previous activity? which sounds like something that could be used to tailor to their interests but also nefariously e.g. charging more for something based on their activity.

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3 hours ago, Arpeggio said:

I'm curious why would a website want to know more? I'm sure there are reasons. I suppose so that a website can tailor what a person sees based on their previous activity? which sounds like something that could be used to tailor to their interests but also nefariously e.g. charging more for something based on their activity.

Tailored advertising seems to be the reason usually given.

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  • 301 Brexit, House prices and Summer 2020

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