Legal bloggers Madara Me Ika and Ieva Andersone for Sorainen discuss the pros and cons of having a Facebook Like button on European websites.
Most website owners know (or should know) that when the embed a "Like" button on their site, they are responsible for transmitting their visitors' data to Facebook without their visitors' knowledge or consent. In the case of Europe and the legal case under discussion:
".... every visitor’s personal data is transmitted to Facebook Ireland. Indeed, it is important to note that the data of every visitor, without their knowing it, and whether or not they have their own profile on the Facebook social network and whether or not they click on the “Like” button, were transmitted to Facebook Ireland."
As the bloggers explain, Facebook defends itself by pointing the finger, and saying the legal equivalent of, "they're doing it, too!"
Check out the Sorainen links to find out whose buttons may be just as dodgy.
Could you, as a website owner, be sued for force-feeding cookies to your visitors? Legal blogger Christian M. Auty, for Bryan Cave Leighton Paisner LLP gives a surprising answer for website owners with a European presence.
Of course, you have to be a big-enough fish, or it's not worth it.
For readers who would like to know more about shadow profiles (profiles on people who have neither joined nor consented nor agreed to the TOU or TOS of a site, but have nevertheless been "collected" and potentially monetized), read here or here or here.
Warning: click those there (or "here") links, and you will be showered with cookies.
Author Martin Hendry, blogging on behalf of boutique intellectual property solicitors Virtuoso Legal shares his top ten Intellectual Property Infringement surprises from July.
My favorite of the surprises was the result of the model vs the paparazzo case. What's yours?
All the best,
Post a Comment