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Thread: GDPR Question

  1. #21
    Forum Saint sidthelamp's Avatar
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    Default Re: GDPR Question

    Quote Originally Posted by JaBek1 View Post
    All this about the Distance Selling Rules being superseded by the Consumer Contract Act is very interesting, Sid. However, how does it relate to this New EU GDPR rule?

    While I'm not sure about how UK law treats auctions, most states over here consider the placing of a bid on an item being sold at auction as entering into a contract to purchase the item at the amount of the bid if it is the winning bid. The laws governing auctions, at least over here, are not the same as other consumer protection laws which deal with regular retail sales agreements. But as I said, I'm not familiar with the laws governing auctions over there in the UK.

    Of course, the way I understand the consumer protection laws over here, there is a distinction if sales transaction is entered into at the buyer's location (salesman comes to the buyer's home) or it is entered into at the merchants place of business. However, I've always been under the impression that transactions initiated by the buyer through visiting the merchants web site or one that is initiated by the buyer placing an order through a mail order firm, is considered to be the same as the buyer visiting the merchants place of business. The reason being that they have initiated the transaction themselves. Again, I have no idea of how such things are handled under UK or even EU law.

    Of course, it would be nice if eBid management could give a bit of guidance regarding this GDPR thing.

    I know that the subject of my having my physical address and license numbers on my About Me page in compliance with laws over here, however, if the GDPR rule requires it I'm perfectly willing to add the required information again. It would, as I've mentioned, be nice for the folks in eBid's tower to give us a little guidance regarding this issue. Don't you agree?

    GDPR rules are not what i was answering too, and is a completely different subject,

    as far as ebid is concerned and its sellers = buy it now button or completion of a auction it needs to be stated that any information gathered by the seller when a contract is made gives to seller authority to use the data to process the order only, you can not use this data or store it without permission of the consumer, in other words you cant spam, store, sell, this information and must delete this information after the contract is fulfilled, how this pans out in regards to guarantees ect , i dont know,

    several companies i deal with have asked me just prior to gpdr if i give consent to them to store my information i have responded no and yes, it depends if it was a one off or i would still trade with them,

    basically if your caught storing ,selling, spamming information without permission youl face a hefty fine , it applies world wide any one trading withing the eu say from usa,

    it has nothing to do with sellers displaying there contact information,
    http://uk.ebid.net/stores/under pressure

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  2. #22
    Forum Saint sidthelamp's Avatar
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    Default Re: GDPR Question

    Quote Originally Posted by liquidliterature View Post
    I am aware that this only applies to sellers registered as a business, would have thought you would have realised that. Don't see how section 12 is relevant to when the information such as address has to be given.

    its a shame then that you did not make that clear in your previous posts, its also a shame you stomp around on the forum giving out of date information , and had clearly no idea about consumer contract act, it's also a shame interpretation, contradictions, in acts are not your strong point.
    http://uk.ebid.net/stores/under pressure

    MY ATTITUDE IS A RESULT OF YOUR ACTIONS!!!
    IF YOU DONT LIKE IT BLAME YOURSELF.

  3. #23

    Default Re: GDPR Question

    Quote Originally Posted by sidthelamp View Post
    its a shame then that you did not make that clear in your previous posts, its also a shame you stomp around on the forum giving out of date information , and had clearly no idea about consumer contract act, it's also a shame interpretation, contradictions, in acts are not your strong point.
    Thank you for your kind words. I will cease stomping around the forums.

  4. #24
    Forum Master JaBek1's Avatar
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    Default Re: GDPR Question

    Quote Originally Posted by sidthelamp View Post
    GDPR rules are not what i was answering too, and is a completely different subject,

    as far as ebid is concerned and its sellers = buy it now button or completion of a auction it needs to be stated that any information gathered by the seller when a contract is made gives to seller authority to use the data to process the order only, you can not use this data or store it without permission of the consumer, in other words you cant spam, store, sell, this information and must delete this information after the contract is fulfilled, how this pans out in regards to guarantees ect , i dont know,

    several companies i deal with have asked me just prior to gpdr if i give consent to them to store my information i have responded no and yes, it depends if it was a one off or i would still trade with them,

    basically if your caught storing ,selling, spamming information without permission youl face a hefty fine , it applies world wide any one trading withing the eu say from usa,

    it has nothing to do with sellers displaying there contact information,


    Since the topic of the thread was about the GPDR I was wondering about why you were talking about the other things, Sid, but I do think that it is quite appropriate for them to be mentioned in this thread.

    While I'm not sure if the EU has the power to fine individuals not members of the EU, I suppose that they do have the power to prohibit them from conducting business within the European Union. However, my understanding is that the physical address of the seller's business, be made available upfront as a form of transparency. Of course, I've always marveled at the distinction made between businesses and private sellers.

    While I can certainly understand the need for not wanting the sale of information collected and spamming, there are some records that are required to be kept by various government agencies for the purpose of accounting for income and expense in regard to taxes that must be stored. It would appear that any rule by the EU which would make that impossible, such as buyers being able to demand their deletion, would be in conflict with such other lawful requirements.

    Personally, I think many businesses collect too much data on their customers that is not directly related to the transaction or any requirement for accounting purposes. Much of the problem, in my opinion, is that we've become a society that depends entirely too much on analytics to do our thinking for us. I suppose it is a matter of becoming too lazy to think for ourselves. Ah, but that is another topic for another day.

    Of course, I'm curious as to how the EU governing body can make rules effecting those that are not members of their organization and enforce them. While admittedly not well up on the European Union and their political organization, I don't see how they can dictate such things. The most I can see them having the power to do is to bar people that don't abide by their rules from doing business within their jurisdiction.



  5. #25
    Forum Master JaBek1's Avatar
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    Default Re: GDPR Question

    Oh! I should mention, that I've found it useful over the years to keep track certain buyer information permanently in order to maintain the the provenance of particular items, such as, pieces of art and/or antiques and collectibles. This consists of basically the name of the buyer, source and cost of the item which they purchased, and the price they paid for the item when they bought it. This information has been valuable in maintaining the provenance of such items and would continue to be so long into the future. It has been and continues to be helpful to the buyers and their heirs that later need it.

    Of course, this information is not given out to just anyone without a legitimate reason for needing it. The practice has already proved useful in the identification of stolen property and its return to its rightful owner and in valuing items by heirs.

  6. #26
    Forum Saint sidthelamp's Avatar
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    Default Re: GDPR Question

    Quote Originally Posted by JaBek1 View Post


    Since the topic of the thread was about the GPDR I was wondering about why you were talking about the other things, Sid, but I do think that it is quite appropriate for them to be mentioned in this thread.

    While I'm not sure if the EU has the power to fine individuals not members of the EU, I suppose that they do have the power to prohibit them from conducting business within the European Union. However, my understanding is that the physical address of the seller's business, be made available upfront as a form of transparency. Of course, I've always marveled at the distinction made between businesses and private sellers.

    While I can certainly understand the need for not wanting the sale of information collected and spamming, there are some records that are required to be kept by various government agencies for the purpose of accounting for income and expense in regard to taxes that must be stored. It would appear that any rule by the EU which would make that impossible, such as buyers being able to demand their deletion, would be in conflict with such other lawful requirements.

    Personally, I think many businesses collect too much data on their customers that is not directly related to the transaction or any requirement for accounting purposes. Much of the problem, in my opinion, is that we've become a society that depends entirely too much on analytics to do our thinking for us. I suppose it is a matter of becoming too lazy to think for ourselves. Ah, but that is another topic for another day.

    Of course, I'm curious as to how the EU governing body can make rules effecting those that are not members of their organization and enforce them. While admittedly not well up on the European Union and their political organization, I don't see how they can dictate such things. The most I can see them having the power to do is to bar people that don't abide by their rules from doing business within their jurisdiction.


    All this about the Distance Selling Rules being superseded by the Consumer Contract Act is very interesting, Sid. However, how does it relate to this New EU GDPR rule?"

    "Since the topic of the thread was about the GPDR I was wondering about why you were talking about the other things, Sid, but I do think that it is quite appropriate for them to be mentioned in this thread."

    so your first reply to me you had a problem how GDPR relates to this thread, then in your next post to me the relationship of GDPR is quite appropriate, without the context or the relationship changing. are you a bit slow on the uptake or just a tad obtrusive,

    as for the rest of your "not sure" opinion suggest you google GDPR it takes 5 seconds to inform yourself of trading relationships with the eu from outside the eu with a smattering of international law, have fun.
    http://uk.ebid.net/stores/under pressure

    MY ATTITUDE IS A RESULT OF YOUR ACTIONS!!!
    IF YOU DONT LIKE IT BLAME YOURSELF.

  7. #27
    Forum Master JaBek1's Avatar
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    Default Re: GDPR Question

    Quote Originally Posted by sidthelamp View Post
    All this about the Distance Selling Rules being superseded by the Consumer Contract Act is very interesting, Sid. However, how does it relate to this New EU GDPR rule?"

    "Since the topic of the thread was about the GPDR I was wondering about why you were talking about the other things, Sid, but I do think that it is quite appropriate for them to be mentioned in this thread."

    so your first reply to me you had a problem how GDPR relates to this thread, then in your next post to me the relationship of GDPR is quite appropriate, without the context or the relationship changing. are you a bit slow on the uptake or just a tad obtrusive,

    as for the rest of your "not sure" opinion suggest you google GDPR it takes 5 seconds to inform yourself of trading relationships with the eu from outside the eu with a smattering of international law, have fun.

    I wasn't aware that my first response regarding your comments about the Distance Selling Rules and the Consumer Contract Act being interesting was somehow contradictory to thinking that they were appropriate to the discussion about GPDR. Of course, you are free to take my opinions and comments anyway you like.

    With regard to my opinions about the authority of the EU over the people of non-EU member countries, I'm not an attorney so I can make no hard and fast determination about the matter. However, since you mentioned "hefty fines" I merely mentioned my thoughts on the issue. While I know that GOOGLE is touted as the prime source of information in all matters great and small these days, I'm not convinced that all information found there is absolutely accurate. Of course, since reading and viewing media articles that seem to state that even the EU regulators are having trouble figuring the rule out, I'm still waiting for some definitive information to show itself.

    I suppose that it is my being "...a bit slow on the uptake" or maybe it's my being "...a tad obtrusive" (or did you mean, obtuse) that causes me not to believe everything I see or read. After all, if it's on the Internet, in the paper or on the telly it must be true. Right?!

  8. #28
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    Default Re: GDPR Question

    Quote Originally Posted by JaBek1 View Post

    I wasn't aware that my first response regarding your comments about the Distance Selling Rules and the Consumer Contract Act being interesting was somehow contradictory to thinking that they were appropriate to the discussion about GPDR. Of course, you are free to take my opinions and comments anyway you like.

    With regard to my opinions about the authority of the EU over the people of non-EU member countries, I'm not an attorney so I can make no hard and fast determination about the matter. However, since you mentioned "hefty fines" I merely mentioned my thoughts on the issue. While I know that GOOGLE is touted as the prime source of information in all matters great and small these days, I'm not convinced that all information found there is absolutely accurate. Of course, since reading and viewing media articles that seem to state that even the EU regulators are having trouble figuring the rule out, I'm still waiting for some definitive information to show itself.

    I suppose that it is my being "...a bit slow on the uptake" or maybe it's my being "...a tad obtrusive" (or did you mean, obtuse) that causes me not to believe everything I see or read. After all, if it's on the Internet, in the paper or on the telly it must be true. Right?!
    I assume that the authority that the EU has over non-members of the EU is the same authority that the USA has to force others to impose the sanctions which the USA decides.

  9. #29
    Forum Master JaBek1's Avatar
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    Default Re: GDPR Question

    Perhaps, Tony. I suppose it matters if the one being pressured into doing something really cares. I'm not an overly political type so I probably don't keep up with international politics as much as I should. I realize that countries have certain agreements that cause them to go along with other countries policies even though they may not be what they would do if not for such agreements being in place.

    Frankly, I'm not questioning the authority of the EU to enforce their rules on member countries and anyone wanting to do business with them. (Although I must admit, I'm not quite sure where the European Union fits into the definition of a country.) It would appear to me that the EU would only be able to dictate to its own members and anyone wanting to do business with them. I'm not sure how much actual authority over those not engaged in such a business agreement they would have.

    Of course, the nature of the Internet being what it is, it would seem to be almost impossible to regulate who or from where a person could view something posted on it. Without a mutual agreement between all parties it would seem futile to try to legislate its use. Even with the agreement of all the members of the UN I doubt such legislation would work.

    Naturally, the EU has the power to block those wishing to do business within the European Union or its member countries from legally doing so. It remains to be seen if they could do more than that.

    Alas! I'm not trying to say that this rule they have come up with is not a good idea. I'm saying that they really needed to have it worked out in more detail and better publicized to its non-members if they wanted it implemented smoothly.

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