This is all it takes,
panic over! problem solved! and Naka can keep filing away $1500 every titled Tuesday safe in the knowledge that his gig is safe.
This is all it takes,
panic over! problem solved! and Naka can keep filing away $1500 every titled Tuesday safe in the knowledge that his gig is safe.
Yes no choice for Europeans to give consent to what type of data may or may not be gathered and stored. Shocking negligence.
The GDPR is clear that consent should not be bundled up as a condition of service unless it is necessary for that service:
Article 7(4) says:
“When assessing whether consent is freely given, utmost account shall be taken of whether… the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.”
And Recital 43 says:
“Consent is presumed not to be freely given… if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance.”
In other words if the data being gathered is not necessary for the performance of the site, consent must be ascertained and a clear distinction made from general terms and conditions.
Hey all! In case our mass email didn't find you, I did want to remind everyone where you can get answers to all your GDPR and data questions and needs.
For GDPR forget me requests, email support at support@chess.com.
If you have any questions about how GDPR is being implemented, feel free to reach out to us at support@chess.com
If you think that we are somehow in breach of GDPR (we're not, but you might think that) feel free to reach out to us at support@chess.com
If you are deeply confused about what happens to data collected from you before GDPR was passed, and feel that you were wronged by time travel, please reach out to us at support@chess.com
If you are in a country that is not the EU, but still have a data removal request, we're here for you. Reach out to us at support@chess.com
And if you just want to just vent, you may continue posting! You can also vent to us at support@chess.com, wait . . .
If you think that we are somehow in breach of GDPR (we're not, but you might think that) feel free to reach out to us at support@chess.com
Actually you are in breach for the reasons specified above. If you don’t understand why you are in breach I suggest you research the articles contained in GDPR. I will try and explain it for one last time. A distinction must be made between the data types that are gathered, those necessary for the running of the site and those that are used for other purposes, functionality and advertising. You cannot therefore simply bundle all of these types into a single terms of service agreement. You need to offer Europeans a choice and ascertain what is termed 'meaningful consent'. No options have been given to Europeans in this regard. We cannot for example opt in to having essential data gathered and stored while rejecting other types of data collection. This is a clear breach of the GDPR.
I have every confidence though that Lee will address these concerns because 4% of annual turnover is a hefty amount of momo and the last thing you want to do is leave yourselves open to litigation by failing to provide three check boxes which can literally be coded in 5-10 minutes.
'I did want to remind everyone where you can get answers to all your GDPR and data questions and needs.' - Shaun
Yeah by reading the articles contained in the GDPR directive.
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679
Why is it not working?
because my friend you are caught in a downwardly spiralling vortex that will strangle all of the humanity out of you like some giant sea monster with gelid tentacles.
I mean ok its better than nothing but it still falls far short of the GDPR requirements.
First of all GDPR does consider IP as an online identifier and thus personal information, to say that its not under most frameworks is simply uniformed. Its a real no brainer because chess dot come uses it to identify individuals. Of course chess dot com may be able to argue that IP logging is necessary for the effective functioning of the site though for the reasons that Lee specified, cheat prevention.
Secondly simply amending the terms of service to make it allegedly legally compliant also falls short because chess dot com have not provocatively ascertained explicit consent of Europeans to record and store their data. There is no choice of what type of data can and cannot be stored. To simply amend some piece text in the terms of service is simply asking for it.
I have not been asked for nor given any consent and I don't think any other Europeans have been asked for nor given their consent either as to what personal data may be used and stored. Its not enough for chess dot com to say ok we gather this and this is what we do with it, explicit consent has to be ascertained.
This is the entire point of GDPR, its based on what information the site gathers in order to function and what information it gathers and records or facilitates through third party vendors to gather and record for building profiles on people for targeted advertising.