Technology
This is the official technology community of Lemmy.ml for all news related to creation and use of technology, and to facilitate civil, meaningful discussion around it.
Ask in DM before posting product reviews or ads. All such posts otherwise are subject to removal.
Rules:
1: All Lemmy rules apply
2: Do not post low effort posts
3: NEVER post naziped*gore stuff
4: Always post article URLs or their archived version URLs as sources, NOT screenshots. Help the blind users.
5: personal rants of Big Tech CEOs like Elon Musk are unwelcome (does not include posts about their companies affecting wide range of people)
6: no advertisement posts unless verified as legitimate and non-exploitative/non-consumerist
7: crypto related posts, unless essential, are disallowed
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Will they become liable if I don't opt-out?
In the EU, they certainly aren't allowed to "assume consent".
It depends if someone bothers to sue them or not. In the EU court decisions until now point that profiling for advertising should be opt-in not opt-out but companies keep trying to find loopholes or at least hoping to not attract too much attention with their defaults.
In EU no one individual needs to sue them. The what-ever-the-office-might-be-responsible at EU burecracy will just send them an nicely worded letter that says "play by the book or we'll give you fine big enough to bankrupt you no matter how much money you think you have". The fine is based on company revenue (or sales, I don't remember what it spesifically was) and there's no way you'll weasel yourself out of that no matter how many american lawyers you can hire. The same folks forced Apple to adapt usb-c, so good luck Spez if you try to challenge that.
One small correction: There is no EU office responsible for GDPR enforcement, the EU member states are responsible for handling GDPR breaches within their jurisdiction (Art. 51 GDPR). As an individual you can also file a complaint against offenders (Art. 77 GDPR).