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332 points vegasbrianc | 1 comments | | HN request time: 0.254s | source
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diggan ◴[] No.42141994[source]
Correct URL: https://legiscope.com/blog/hidden-productivity-drain-cookie-...

> This situation calls for an urgent revision of the ePrivacy Directive

Shame companies cannot live without tracking cookies, and shame that the blame somehow end up on the regulation, rather than the companies who are the ones who introduce this cookie banner and "massive productivity loss".

You know the best way of not having to put up cookie banners on your website? Don't store PII in cookies. You know the best way of not having to care about GDPR? Don't store PII.

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r3trohack3r ◴[] No.42142098[source]
> You know the best way of not having to care about GDPR? Don't store PII.

I hear this a lot. As an American that hosts casual personal websites, I can't help but worry that I'm in violation of the GDPR.

For example, my router logs connections for debugging. And my NGinx server maintains server logs for debugging.

These contain IP addresses. I'm pretty sure those are considered PII under GDPR. And there are a lot of things I think that follow from that, things I haven't bothered to look into or implement. Like whatever policies, disclaimers, notifications, request handling processes, etc. that need to be in place to gather those logs.

Whether or not I need a registered agent in the EU to host my website seems to be rather fuzzy too. It seems to come down to how "sensitive" the data I store in my logs are?

Its also not clear to me whether my home router is subject to GDPR if it receives and logs a packet that was sent to it by an EU citizen, regardless of whether there was a public internet service hosted on that router or not.

I mostly choose to not think about these things - but that nagging concern that my entire self-hosted digital presence violates European law does linger.

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1. BlackFly ◴[] No.42145660[source]
You are not EU based, you are not a processor/controller operating in the union, public international law doesn't grant EU law jurisdiction: the GDPR has no direct effect on you.

It could be that you are running ads and your ad provider is a processor in the EU and because they cannot handle jurisdictional consent well they attempt to pawn that off onto you in your terms and conditions. EU law has already decided that they cannot turn a blind eye however, if you aren't collecting consent then your processor has to assume that consent isn't given.

So yeah, worry about your contracts with third parties that might try to sneak in liability transfers and how your own jurisdiction would deal with that. If your provider is transferring that kind of liability maybe they are trying to also make you liable in the case that their ad installs a virus, so I hope you are already aware of such third party liability transfers in your contracts if your jurisdiction allows for such things.