(C) Alec Muffett's DropSafe blog.
Author Name: Alec Muffett
This story was originally published on allecmuffett.com. [1]
License: CC-BY-SA 3.0.[2]
Dr. Carlo Piltz on LinkedIn: Entscheidungsdatum
2024-12
๐๐ฒ๐ฑ๐ฒ๐ฟ๐ฎ๐น ๐๐ฑ๐บ๐ถ๐ป๐ถ๐๐๐ฟ๐ฎ๐๐ถ๐๐ฒ ๐๐ผ๐๐ฟ๐ ๐๐๐๐๐ฟ๐ถ๐ฎ: ๐๐ผ๐ป๐๐ฒ๐ป๐ ๐ฟ๐ฒ๐พ๐๐ถ๐ฟ๐ฒ๐ฑ ๐ณ๐ผ๐ฟ ๐๐ต๐ฒ ๐๐๐ฒ ๐ผ๐ณ ๐ฟ๐ฒ๐๐ฎ๐ฝ๐๐ฐ๐ต๐ฎ On the one hand, the court assumes that personal data is processed. The reCAPTCHA used set a cookie (_GRECAPTCHA) when it was executed to provide its risk analysis. This is a cookie that contains a unique user identification number, which is used to mark an end device. The court: โCookies that contain a unique, randomly generated value (random number) and that are set with the purpose of individualizing and singling out persons meet the definition of Art. 4 (1) GDPR.โ And on the question of the legal basis and whether the exception under Art. 5 (3) ePrivacy Directive may apply, the court gives reasons: โIn the opinion of the Senate, cookies set by the Google service reCAPTCHA are not necessary for the operation of a website, which is why there is no legitimate interest of the complainants, regardless of the fact that preventing bot input is beneficial for website operators. The implementation of reCAPTCHA is not technically necessary for the operation of the website, as it has no influence on the functionality of the website, which is why a legitimate interest must be denied and the consent of the co-participating party would have had to be obtained.โ Decision of 13 September 2024 (German):
https://lnkd.in/d9UtrdEV #DSGVO #GDPR #Dataprotection #privacy
[END]
[1] URL:
https://www.linkedin.com/posts/dr-carlo-piltz-631571b_entscheidungsdatum-activity-7270422586419761153-9YgE
[2] URL:
https://creativecommons.org/licenses/by-sa/3.0/
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