Going through it now... For starters, I really like that it's stated precisely to what conduct Art. 5(2) DMA applies to. Moreover, the Commission has actively been engaging with the DPC (which has of course done fuck all on the consent-or-pay front). - ThreadSky | a Reddit-style client for Bluesky

gateklons.bsky.social • 1 day ago

Going through it now... For starters, I really like that it's stated precisely to what conduct Art. 5(2) DMA applies to.

Moreover, the Commission has actively been engaging with the DPC (which has of course done fuck all on the consent-or-pay front).

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gateklons.bsky.social•1 day ago

The Commission also engaged with consumer orgs, consultancies and industry orgs (including IAB Europe). More data protection focused civil society (EDRi, noyb etc.) for some reason is not on this list.

I hope non-industry stakeholders appropriately trashed the EDPB Opinion

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gateklons.bsky.social•1 day ago

I would love to hear the legal justification from the EC and EDPB what the legal basis for still processing some data (for minimal ad personalization) would be after the user has already refused consent. Unless "personalised" also covers ReccSys personalization and similar?

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gateklons.bsky.social•1 day ago

As explained in a previous blogpost on the topic (https://gateklons.substack.com/p/edpbs-problematic-opinion-on-consent) this "less personalized option" is just regulatory make-believe, not based on the law. Reminder: Art. 5(2) also excludes legitimate interests as a valid legal basis.

gateklons.bsky.social•1 day ago

There's also something in there about Meta's external legal advisors wanting access to the Commission's file which they apparently abused (in Meta's eyes).

The amount of "regulatory dialogue" described in the decision is beyond absurd and unnecessary: Meta's conduct is already illegal on its face.

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gateklons.bsky.social•1 day ago

Of course, as we already knew, the decision only covers the period before Meta introduced the 'Additional Ads option' which does prevent some data from being used for ad personalization but is still a shitshow otherwise. Missed opportunity to not have included that as well IMO.

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