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by bluelu 968 days ago
It's a double standart again.

Newspapers lobbied the EU that it s allowed for them (not sure if it was changed at the end). But if you go to a large european newspaper site (eg spiegel.de) then it explicitely asks you tha you pay to access it or you must agree to behavioral advertising. But facebook should not be allowed to do this.

3 comments

Yes and this should be pointed out. However, it’s imo far from a simple selfish lobbying move. If behavioral advertising and tracking is not allowed by anyone, it will even the playing field as ads return to being context-centric, as it should. It’s too early to say if news papers will try to weasel out an exception for themselves in such a world, imo.

More generally, you can want a change for everyone even if you are not currently doing what you’re preaching. You can play a game according to the rules and want to change the rules at the same time. While I agree this is a lower level of belief you can still want it, and argue for it, in good faith. Deviating from laws and even industry norms can be disproportionately costly, relative to your competitors, especially if you’re already struggling, which is true for most of legacy media.

Also, journalists are typically not the owners of media companies, and they sometimes cover issues with conflicts of interest with their owners. That’s a healthy thing.

Newspapers weaseled already an exeption out 2 years ago, see https://www.heise.de/news/E-Privacy-Verordnung-EU-Rat-fuer-V...
I've never seen anything like that in any Norwegian newspaper, and I would expect some of them to try if they thought they could get away with it. But I don't think they would at least not if the retoric coming out of Datatilsynet is anything to go by.

How German newspaper get away with that I have no idea. But you can't expect the Norwegian government to handle German language newspapers. If spiegel.de had a Norwegian presence though. Then it would be reasonable for Norway to have a look at it.

I loath Spiegel just as much as any other online privacy advocate, but I'd always assumed they were simply in violation of the GDPR. Can you provide any references indicating that this is the result of a special exemption due to successful lobbying?
There is a german artcile about this here:

https://www.heise.de/news/E-Privacy-Verordnung-EU-Rat-fuer-V...

Read the part about cookie walls for newspapers:

Cookie-Wall soll bleiben

Wer auf seiner Webseite unentgeltlich Nachrichteninhalte verfügbar macht und das durch Werbung finanziert, soll dabei Cookies ohne Zustimmung der Nutzer setzen können. Eine "Cookie-Wall" als Alternative zu einer Bezahlschranke soll also zulässig bleiben. User, die nicht für Werbezwecke analysiert werden möchten, müssen gegebenenfalls ein kostenpflichtiges Abo abschließen. Diese Klausel wird an die Voraussetzung geknüpft, dass der User prinzipiell zwischen verschiedenen Varianten wählen können. Dazu kommen weite Spielräume für Direktmarketing auch via Bots.

Thank you. If I understand that article correctly, the European Council is proposing a carve-out in the GDPR for newspapers. That would make actions of Spiegel illegal at this moment and until the European Council's proposed exemption is implemented, as well as being illegal in Britain, where the GDPR was implemented originally but further European Union legislation is not automatically followed. Does that sound right to you?
I'm no expert, but I think this was accepted 2 1/2 years ago and is already implemented?

https://www.consilium.europa.eu/en/press/press-releases/2021...

Look here (referenced pdf in the above url): https://data.consilium.europa.eu/doc/document/ST-6087-2021-I...

(21aa) In some cases the use of processing and storage capabilities of terminal equipment and the collection of information from end-users' terminal equipment may also be necessary for providing a service, requested by the enduser, such as services provided in accordance with the freedom of expression and information including for journalistic purposes, e.g. online newspaper or other press publications as defined in Article 2 (4) of Directive (EU) 2019/790, that is wholly or mainly financed by advertising provided that, in addition, the end-user has been provided with clear, precise and user-friendly information about the purposes of cookies or similar techniques and has accepted such use.

Many German sites do that too - nothing that I use daily to remember names, but I see that choice between ads and pay rather often. And I usually choose to leave, but not always...