when EBAY puts another sellers items in your listings is that violating GDPR?

[paulie_58]

So when EBAY puts another sellers items as an ad in your listings is that violating GDPR?

I am wondering what the consensus is?  EBAY is a global corporation but is based in California. 

They took your personal data that you provided them, put an ad in the listing you provided the data for, dont tell you they are doing it--- and then made money off of it (not to mention ruined your sale). 

Not that I think EBay is already GDPR compliant as I am sure they are not.

[goodluckselling]

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@ted_200 wrote:

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@goodluckselling wrote:

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@paulie_58 wrote:

Never mind I just looked at the link. Prior to 2018 this was not part of the user agreement. No one signed a contract stating they agree to it--- ebay just took it upon themselves to add this section April 2018.

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Every time you create a listing that is active you are agreeing to all the terms of use outlined.  It is located right above the submit listing button each time you create a listing.

Good Luck Selling!

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You cannot make something illegal into something legal by having users agree to your right to do it via a User Agreement. 

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The GDPR has nothing to do with the third party ads in the first place.  I was just responding to the ad placement issue the OP had.

Good Luck Selling!

[dasm-2785]

Honestly Ted eBay has some of the best legal mine's of this generation working for them you don't suppose they made sure it was in full compliance before they posted?

[paulie_58]

Yes thats also sort of what I thought. EBAY cant really tell a user that "we can do whatever we want you agreed to it after the fact" it doesnt absolve them from GDPR regulations that protect users and their private data. This type of breach is defined in GDPR as one that an admin might be aware of and knows there is monetary gain.

[goodluckselling]

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@paulie_58 wrote:

Yes thats also sort of what I thought. EBAY cant really tell a user that "we can do whatever we want you agreed to it after the fact" it doesnt absolve them from GDPR regulations that protect users and their private data. This type of breach is defined in GDPR as one that an admin might be aware of and knows there is monetary gain.

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The GDPR is a European regulation.  It does not include the United States, nor does it offer any protections for users in the US which your user name is from.

Good Luck Selling!

[thatsallfolks]

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@paulie_58 wrote:

Yes thats also sort of what I thought. EBAY cant really tell a user that "we can do whatever we want you agreed to it after the fact" it doesnt absolve them from GDPR regulations that protect users and their private data. This type of breach is defined in GDPR as one that an admin might be aware of and knows there is monetary gain.

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What private data is being mishandled?

[dasm-2785]

So I'm guessing all this would apply only to the european-based eBay sites like UK, De and Es.

[goodluckselling]

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@dasm-2785 wrote:

So I'm guessing all this would apply only to the european-based eBay sites like UK, De and Es.

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Yea I guess?  I am sure eBay users from any of the European Union countries have language in the terms of use that is specific to this regulation.  As you said eBay is accurate in the legal areas.

Good Luck Selling!

[ted_200]

No, it wouldn't, but how would putting a piece of another seller's listing on your listing violate privacy regulations? Your listing is publicly displayed, with your permission. 

I have no idea what's in the GDPR, or what it covers.  I was simply addressing the point that the OP seems to think this could be a GDPR issue, and the replies say "it's in the User Agreement" so it's all A-OK because you agreed to it. 

[pburn]

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@dasm-2785 wrote:

So I'm guessing all this would apply only to the european-based eBay sites like UK, De and Es.

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Because of the international nature of ebay.com's website (e.g., a person in France can buy from ebay.com), it falls under the purview of GDPR.

Here's a really good article explaining the scope and extent of the regulation on U.S. businesses operating in EU countries. You might want to read it all the way through to really understand the impact on a company like eBay. It's a relatively short article.

https://www.forbes.com/sites/forbestechcouncil/2017/12/04/yes-the-gdpr-will-affect-your-u-s-based-bu...

[ripcityresell]

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@thatsallfolks wrote:

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@paulie_58 wrote:

Yes thats also sort of what I thought. EBAY cant really tell a user that "we can do whatever we want you agreed to it after the fact" it doesnt absolve them from GDPR regulations that protect users and their private data. This type of breach is defined in GDPR as one that an admin might be aware of and knows there is monetary gain.

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What private data is being mishandled?

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I'd like to know this too. Besides the fact that anyone who comes to the site has access to the listings I have no idea what private data is being shown.

[goodluckselling]

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@pburn wrote:

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@dasm-2785 wrote:

So I'm guessing all this would apply only to the european-based eBay sites like UK, De and Es.

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Because of the international nature of ebay.com's website (e.g., a person in France can buy from ebay.com), it falls under the purview of GDPR.

Here's a really good article explaining the scope and extent of the regulation on U.S. businesses operating in EU countries. You might want to read it all the way through to really understand the impact on a company like eBay. It's a relatively short article.

https://www.forbes.com/sites/forbestechcouncil/2017/12/04/yes-the-gdpr-will-affect-your-u-s-based-bu...

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The law is about collecting data and or behavior actions.  eBay does not collect personal data.  Users who sign up offer this info as a means to use the site.  eBay also now has a guest checkout so buyers do not have to even offer personal data to buy here any longer.

Behavior actions eBay does collect and use this info.  So they basically have to answer why they colllect the datas, how they plan to use it, and have some kind of access for the users who are effected by the data collection.

Good Luck Selling!

[pburn]

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@ted_200 wrote:

I have no idea what's in the GDPR, or what it covers.  I was simply addressing the point that the OP seems to think this could be a GDPR issue, and the replies say "it's in the User Agreement" so it's all A-OK because you agreed to it. 

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Ted, you claim you don't know what's in the GDPR or what it covers, yet you made statements such as:

"However, the GDPR is an EU regulation regarding internet privacy and user rights.  I do not believe eBay can simply gut it by putting some terms into their UA.  So the OP's question is still valid, and if the practice does somehow violate the GDPR, eBay's UA terms will not absolve them of compliance in they eyes of the EU."

and 

"You cannot make something illegal into something legal by having users agree to your right to do it via a User Agreement."

You are clearly implying that the eBay user agreement somehow violates or circumvents the GDPR, yet you also state you have no idea what the GDPR covers. You go from "if the practice does somehow violate the GDPR" to making "something illegal into something legal . . . "

Now, we all know by now, Ted, how much you hate eBay and think it's a rip, etc., but I find it quite irresponsible that you  would make the statements you have in this thread when it's obvious you are speaking from your eBay prejudice rather than from any position of fact or knowledge of the GDPR, or the legitimacy of the eBay user agreement, for that matter. It's clear you aren't familiar with the definition of "personal data" as it relates to the regulation.

Here's where you can read the GDPR in its entirety, in case your interested in comment from a more credible position than that of bashing eBay.

https://gdpr-info.eu/

[pburn]

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@goodluckselling wrote:

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The law is about collecting data and or behavior actions.  eBay does not collect personal data.  Users who sign up offer this info as a means to use the site.  eBay also now has a guest checkout so buyers do not have to even offer personal data to buy here any longer.Behavior actions eBay does collect and use this info.  So they basically have to answer why they colllect the datas, how they plan to use it, and have some kind of access for the users who are effected by the data collection.

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I think that's a fair general assessment.

[ted_200]

You are clearly implying that the eBay user agreement somehow violates or circumvents the GDPR, ...

I did no such thing.  I seriously doubt it does have anything to do with "eBay puts another sellers items in your listings".  But I don't know, and that's exactly what I said.  The OP (not me) asked (not implied) if it does.

I said IF IT DOES, that cannot be over-ridden because eBay put something in their UA and a user "agreed" to it.   Users dismissed the OP's question out of hand because of the UA, and I said:

So the OP's question is still valid

Now, we all know by now, Ted, how much you hate eBay and think it's a rip, etc., but I find it quite irresponsible that you  would make the statements you have in this thread when it's obvious you are speaking from your eBay prejudice rather than from any position of fact or knowledge of the GDPR, or the legitimacy of the eBay user agreement, for that matter. It's clear you aren't familiar with the definition of "personal data" as it relates to the regulation.

LOL!  That's why I've been selling here for 11 years.  I hate eBay!  I hate to see eBay self destruct, but that's a different topic...

All I know about the GDPR is that another site (that is U.S. based) I sell on made me add a bulky useless privacy statement to comply with it.  I don't want to know anymore about it, I'm in America, and the EU can go fly a kite.  I'm only suggesting eBay is not likely to be afforded that same luxury since they want to operate in the EU, and they cannot escape it by having users sign away any rights via the UA anymore than they can engage in violations of U.S. law because they got users to buy off on it clicking "I Agree".   

Here's where you can read the GDPR in its entirety, in case your interested in comment from a more credible position than that of bashing eBay.

I did not bash eBay.  I'm bashing the idea that "it's in the user agreement" means the OP's question has no merit.   If someone else... like maybe you... says "it's not in the GDPR" that is at least a potentially valid response. 

[lacemaker3]

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@paulie_58 wrote:

When was that codicil added to the ebay agreement? Do you have a date of which seller update? 

Was this always part of the user agreement?

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This wording (see below) has been in the Terms and Conditions since before I started selling, more than 15 years ago.

https://www.ebay.com/help/selling/fees-credits-invoices/selling-fees?id=4364#section8

• ...
• Seller fees don't purchase exclusive rights to web pages on eBay. We may, in our sole discretion and without consent from or payment to sellers, display third-party advertisements (including links and references thereto) and listings from other sellers on any eBay page.
• ... 

I can't see that this has any relation to GDPR in any way. Nothing to do with it.