2316
Youtube's Anti-adblock is illegal in the EU
(eupolicy.social)
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 19 Oct 2023
2316 points (97.5% liked)
Technology
58165 readers
7386 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related content.
- Be excellent to each another!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, to ask if your bot can be added please contact us.
- Check for duplicates before posting, duplicates may be removed
Approved Bots
founded 1 year ago
MODERATORS
Afaik you can't bypass laws and regulations with ToS
Definetly not if you are not registered. And likely if you are not logged in. This is EU, not US.
You can't bypass laws, but the law in question only requires permission of the enduser. Getting this permission in your ToS isn't bypassing anything, it's acting according to the law.
that's not true in the EU.
the reason those cookie banners are everywhere, for example, is because the EU requires explicit consent for a lot of things that used to be covered by ToS.
simply putting clauses into your ToS doesn't shield the company from legal action at all.
regardless of what's written in the ToS, final say over what is and isn't legal lies with local authorities, not YouTube.
Here is a guide from a publisher trade group on the implementation of ad block detectors under gdpr.
It says that listing the use in your ToS is a defensible strategy but could have some risk. If the organization wants to further limit risk, they can add a consent banner, consent wall, or both.
My guess is Google is the risk accepting type on this issue and it's willing to litigate to argue that its ToS is sufficient or the way they implement it differs from cookies. Either way, they could completely make this go away by asking a consent for ad delivery to their cookie notice.
The TOS holds no weight in EU courts.
No matter what some companies want you to believe. That is why they call it a risk.