Comments on: GDPR vs. Freemium: why social media giants are winning https://www.legalcheek.com/lc-journal-posts/gdpr-vs-freemium-why-social-media-giants-are-winning/ Legal news, insider insight and careers advice Fri, 03 Jan 2025 16:40:39 +0000 hourly 1 https://wordpress.org/?v=6.8.2 By: Jasper Wong https://www.legalcheek.com/lc-journal-posts/gdpr-vs-freemium-why-social-media-giants-are-winning/#comment-1205110 Fri, 03 Jan 2025 16:40:39 +0000 https://www.legalcheek.com/?post_type=lc-journal-posts&p=206464#comment-1205110 This strikes me as an interesting aspect of a broader phenomenon: technology enabling new economies to develop in a way that is either not covered by existing laws or even in open contravention of existing laws.

The wider community both suffers (from e.g. deprivation of privacy) and benefits (e.g. via a vast array of free content): but it takes a long time for society to work out how to make and enforce rules to govern these activities adequately.

One thinks of Uber and AirBnB (deliberately breaking laws on taxis and hotels, but benefiting a lot of people). On a slightly different note, one thinks of the legal exploitation of the weak in legislation authorising railways and the enclosure of commons.

Perhaps one day new legislation will develop making sure everyone gets their fair bargain in freemium social media platforms. But by then new issues of fairness would have arisen in other areas (e.g. the issues which has already arisen with LLM training on a lot of text that was written and published before it was understood that such training is possible and commercially valuable).

Perhaps this is why new technologies are always greeted with a mix of both utopian thinking and existential dread. One never quite knows before the chips fall whether these developments will be benign or blow everyone up.

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By: Sean https://www.legalcheek.com/lc-journal-posts/gdpr-vs-freemium-why-social-media-giants-are-winning/#comment-1195236 Wed, 10 Jul 2024 20:22:40 +0000 https://www.legalcheek.com/?post_type=lc-journal-posts&p=206464#comment-1195236 Did not expect the twist in this that the two principal issues in all of data protection are … the legitimate interest lawful basis (which underpins so much processing of personal data by all companies and is usually uncontroversial) and cookie notices (albeit this seems to be confused with cookie banners and a general lack of awareness of the ePrivacy Directive). The writer of this would also be well advised to read up on strictly necessary cookies and why it would be foolish to require consent for their placement.

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