GDPR in EU - Weebly banner needs to change, pdq

ACn1 · ‎05-25-2018

The message showing for GDPR is a big help, BUT, has 2 major problems.

The biggest problem is that it states data may be used for "tailored promotions". If there is one thing people do not want is to be told that they might receive junk email and offers they have no interest in. Also - most of my cients do not use the data to drive promotions. So it is misleading for their website - and in general implies we are tracking visitors.
The link we place on the cookie banner opens in a new tab. Some users may miss this and go back to the home page where the message is not showing and could be confusing and prompt a user bounce. The link should be on site(not new tab) where the banner stays visible.

To me this is important as GDPR is already causing confusion and we don't want everyone refusing to accept, as our it will kill the normal stats. And frighten visitors.

Am interested in what other EU site owners and designers feel about this.

sailingteam · ‎05-25-2018

There were several threads about this already opened in the last two days. Unfortunately these threads are ranked low in the forum, so it is hard to find these:

https://community.weebly.com/t5/How-Do-I-In-the-Community/Weebly-causing-EU-clients-legal-amp-commer...

https://community.weebly.com/t5/Community-Feedback/GDPR-The-New-Cookie-Banner-Has-a-MAJOR-FLAW/td-p/...

ACn1 · ‎05-25-2018

Thanks for these threads.

I reacted on my own not seeing these as current or popping uo a serch for GDPR.

Am glad so many see the same flaws which might get us a response....

SBband · ‎05-26-2018

I agree. While the newly introduced ability to change the wording in the cookie banner appears to be a step in the right direction, it is meaningless to change it without the cookie banner also giving the visitor an obvious ability to opt out of cookies. It needs to have two obvious boxes one saying "I don't want cookies" and another saying "Cookies are OK". It is very much NOT in the spirit of GDPR to require the user to go hunting for a method of stopping cookies.

There is also another (probably unintentional) twist to this, in that if the user alters the wording, then it transfers responsibility for weebly's failings to the customer, so we can't really touch it until we can be sure both boxes (accept and don't accept) are present and that they actually work.

I see a further problem with this, in that Weebly, by their own admission, is not providing what we, the customer, actually thought we were paying for. The job of a web host is to provide the customer with a "clean" site which does what the customer wants. Weebly now tell us (via the wording on their cookie bar) that, regardless of how we conduct our business, they are targetting OUR potential customers for Weebly's marketing purposes. I don't know what category it falls into, but I'm sure it's not in the spirit of GDPR.

ACn1 · ‎05-26-2018

Good analysis and thanks for the insight.

If the cookies are being used by Weebly for themselve then that is illegal under both UK law and the GDPR. The link on the banner for each site (at least in mine) refers to the site owner's privacy and cookie policy. That is the sole legitimate reference point for the user. And in each - because I wrote them - we do not refer to any marketing activity but in fact the opposite.

The sites are only picking up information for analysis and "to improve the user" experience. Anything else and we have a problem, which techically can be deemed to bea breach of the GDPR and a uder may refer to that site to a local DPA.

It is unlikely - given the UK's DPA assertion - that they are not coming after small businesses which may transgress. However I work on the basis that my clients put their complete trust in me on matters relating to the web, marketing, and general digital presence. Therefore I would be compromised by any surreptitious activity by the host provider.

@Adam; @Bernadette are you picking up on these posts? These are not trivial issues.

In general I don't understand why this community is not involved in dialogue about matters such as this from the outset. We know what is hapening; we have the experience and local knowledge. A proactive conversation would have highlighted what is really necessary months ago. Now we just have reaction.

Bernadette3 · ‎05-26-2018

@ACn @SBband @sailingteam

Hi everyone. Not sure if anyone is aware of this, but it looks like some changes have been made to the Settings page in the editor.

ACn1 · ‎05-28-2018

Yes @Bernadette I did notice it. This is good.

The point made was also whether Weebly was capturing user data to "market" itself, whch is illegal under Data Protection (UK) & GDPR.

Thanks for coming back on this.