Today I filed a formal complaint against #YouTube with the Irish Data Protection Commissioner for their illegal deployment of #adblock detection technologies.
Under Article 5(3) of 2002/58/EC YouTube are legally obligated to obtain consent before storing or accessing information already stored on an end user's terminal equipment unless it is strictly necessary for the provisions of the requested service.
In 2016 the EU Commission confirmed in writing that adblock detection requires consent.
I’m not in a position to look into it right now, but is there a part of the EULA that gives consent to detect ad blockers, and would that be good enough for the law referenced?
I’m not in a position to look into it right now, but is there a part of the EULA that gives consent to detect ad blockers, and would that be good enough for the law referenced?
Probably not.
A contract term that is illegal under local laws cannot be enforced.
If the process they are using to detect adblockers breaches EU laws, they cannot use the EULA to allow them to break the law.
No, consent can’t be hidden in tos