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daedrdev 7 days ago

The EU pushes heavily for consent for tracking, yet you need to track your users locations to keep your trademark, thus requiring that every company has to have a popup asking to track that data.

bcrosby95 6 days ago | parent | next [-]

IANAL, but.... you only need consent if it isn't required for your business to function. If you need to track to maintain your trademark, couldn't you argue any business with a trademark needs to track users?

I'm sure it wouldn't work in a real court, but it sounds funny in my head.

cantalopes 6 days ago | parent [-]

You still need a consent

freehorse 6 days ago | parent [-]

If it is based on legitimate interest, under gdpr you don't.

layer8 6 days ago | parent | next [-]

You are required to inform the affected users, however.

aforwardslash 6 days ago | parent | prev [-]

Legitimate interest of the user, not yours. Rule of thumb, if its not a legal requirement, you need consent.

d1sxeyes 6 days ago | parent [-]

That’s not true. From the law as written:

> legitimate interests pursued by the controller or by a third party

There are six lawful bases for processing, consent is only one of them.

aforwardslash 6 days ago | parent [-]

"legitimate interests" are subject to interpretation on purpose; either legitimate interests on a given instance are lawful, or you're better off relying on consent, since your interpretation and the regulator's interpretation may be different. Check page 7 of https://www.edpb.europa.eu/system/files/2024-10/edpb_guideli...

kube-system 6 days ago | parent | prev | next [-]

Most trademark holders have much more solid ways of demonstrating their mark's use in commerce, like financial and business records.

marcjschmidt 6 days ago | parent [-]

Right, but I think this case is interesting for the developer community as it targets specifically open-source use-cases, where you usually have neither extensive user per-country data, nor would you usually care about tracking, or have commercial offerings. This essentially means that you either cannot protect your open-source project name or have always to keep in mind to collect user per-country data, otherwise you risk getting deleted.

6 days ago | parent | next [-]
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darthwalsh 6 days ago | parent | prev [-]

Is there no privacy-preserving per-country analytics library? No need to store IP Addresses!

daedrdev 6 days ago | parent [-]

I mean isn't storing location still requiring you to inform your users? It's not just IP that Europe's privacy regulations care about right?

prmoustache 6 days ago | parent | prev | next [-]

You don't need that. You can provide billing addresses of your customers without tracking web access.

perching_aix 7 days ago | parent | prev [-]

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