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Topic: GDPR violation (Read 5707 times) previous topic - next topic

ballscrewbob

This section IS the section to report this kind of issue, AFAIK.
It is also the section to "DISCUSS" such topics and having parts of them moved to a non relevant section because you don't / wont,  want to deal with it by actually talking about it is a bigger problem.

I am all for keeping a thread clean and on topic.
Relevant points have been raised about the origins of Arduinos current company registration and its quite possible use to choose to either comply or not comply with a rule that most general internet users are actually either unaware of or dont care about as in my case I find its origin to be without real merit.

Given the current state of the EU (somewhat in free-fall) I can well see why such rules force many business out from the web or to use alternate web sources to deploy stores  etc.

It may not be the answer you were looking for but its the one I am giving based on either experience, educated guess, google or the fact that you gave nothing to go with in the first place so I used my wonky crystal ball.

lestofante

#46
Dec 23, 2018, 01:46 am Last Edit: Dec 23, 2018, 01:48 am by lestofante
Quote
its quite possible use to choose to either comply or not comply with a rule
if they don't want to comply is better they obscure the service or they WILL incur in fines. you can be against that law, but that does not make arduino company above it.

I believe the rest of the post is your opinion on the argument, so ill answer in the OT section. Here please stick to fact.

As quoted on the other post, from the about them being swiss i actually read the page and i cite (in red the important part):

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3. The GDPR applies to data processing by Swiss companies if they deliver goods or provide services to end customers in the EU - WRONG or INACCURATE
It is not the provision of goods or services that triggers the applicability of the GDPR. Rather, the offering of goods or services (with or without a payment) to end customers (individuals) in the EU (or in the EEA) makes the corresponding processing of personal data subject to the GDPR
so the difference is about provision and offering, and arduino is offering the service directly: by passing trought a 3rd party it would be just provision (and the GDRP would be enforced on the third party)
Guida per principianti http://playground.arduino.cc/Italiano/newbie
Unoffical Telegram group https://t.me/genuino

ballscrewbob

Now that you have read that and picked out a particular section how about a few of the other points mentioned in the article.


On another aspect
In particular what is the forum offering in terms of goods or services ?
I believe it would be hard to classify FREE HELP and ADVICE given FREELY by VOLUNTEERS as a service as no money changes hands.
The software is also offered FREELY (DONATIONS ACCEPTED)

I only know of two parts of the site that offer goods or services
One being the store which is seperated into two distinct sections
The other being the online Editor serves for both private and EDU which I believe is hosted on AMAZON T3 Stateside.

I have not had occasion to shop on the side that covers parts of the EU only the Americana side.
So I cannot tell if the other side comply or not.

You can continue to keep two threads going if you wish but I find it goes against the rules as such and consider that they should be re- merged

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so the difference is about provision and offering, and arduino is offering the service directly: by passing trought a 3rd party it would be just provision (and the GDRP would be enforced on the third party)
Opinion or fact ?


It may not be the answer you were looking for but its the one I am giving based on either experience, educated guess, google or the fact that you gave nothing to go with in the first place so I used my wonky crystal ball.

lestofante

Now that you have read that and picked out a particular section how about a few of the other points mentioned in the article.


Because THAT is the interesting part, the rest talk about other stuff not related.

If you ask me about PWM generation, i will point out to the section on the DS and cite what is the important register/configuration, not all the DS.....

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so the difference is about provision and offering, and arduino is offering the service directly: by passing trought a 3rd party it would be just provision (and the GDRP would be enforced on the third party)
Opinion or fact ?
fact, " the offering of goods or services [...] to end customers [...] in the EU", what is not clear in this?
I'll make another example, all news website from US are probably using server is US, but they all display GDPR/cookie consent or are geoblocked. I must agree they are not all 100% compliant, as many EU website still, but the first fines have landed, so we should see a gradual change there.


Quote
In particular what is the forum offering in terms of goods or services ?
this request form is website related, so it cover even shop and forum; but even the download section, the new section, and there reference is a service; they are offering information. If you displaying a static page, that try to identify and track single user information, that would fall under GDPR. Again, the "service" name is used, because GDPR does not apply ONLY on internet, if the supermarket try to track your face to see how many time and how long you go there, they would fall under GDPR!

To have an idea of the fine so far, and the reasons why they are given,  see here: https://www.barclaysimpson.com/blogs/gdpr-fines-the-story-so-far-83471310192


Quote
The software is also offered FREELY
Being free does not exclude you from the law, I quote: "offering of goods or services (with or without a payment)"
Guida per principianti http://playground.arduino.cc/Italiano/newbie
Unoffical Telegram group https://t.me/genuino

ballscrewbob

Actually a lot of that Swiss article is RELATED you cannot just pick parts out to suit your argument.


Moving along... So only 29% of companies compliant according to your link.
Did not see any international fines either. Only EU from your link others were guesses

I see according to YOUR interpretation that you included the FORUM.
Based on that analogy would seem to indicate that if somebody offered a piece of paper (blank forum) and posted a question then whoever offered the paper would be liable. Anyone else writing on that paper would also make the person who offered that paper liable too !  If that sounds crazy its an easy analogy to make.

Do honestly think you are taking the view of this crazy law to an extreme.
Are you sure GEOBLOCKING is the only way forward for you ?
The reverse of that is happening with DVD's as it turned out to cost more to produce and people just found ways around it..

IMHO more education to end users would be a better method. After all I look after the security and safety of my home and truck.

Where does the money go from those fines ?




 
It may not be the answer you were looking for but its the one I am giving based on either experience, educated guess, google or the fact that you gave nothing to go with in the first place so I used my wonky crystal ball.

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