EBay opts-in users for AI training: Difference between revisions

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{{IncidentCargo

|Company=Ebay

|StartDate=2025-04-21

|EndDate=

|Status=

|ProductLine=

|Product=Ebay

|ArticleType=

|Type=Data, Privacy

|Description=

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On the 21st of April, 2025, eBay's privacy policy was updated to allow eBay to use personal data for the training of their in-house and third-party AIs.<ref>{{Cite web |date=21 Apr 2025 |title=User Privacy Notice: 12. eBay and AI |url=https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-privacy-notice-privacy-policy?id=4260#section12 |url-status=live |archive-url=https://web.archive.org/web/20250421154108/https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-privacy-notice-privacy-policy?id=4260 |archive-date=21 Apr 2025 |website=eBay}}</ref>

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You have rights with regard to your personal data. See Section 8. Rights as a data subject above for more details. Your rights also include the right to object - opens in new window or tab to our processing of your personal data for AI development and training purposes.</blockquote>

===~~EBay~~'s response: right to object===

===eBay's response: right to object===

This right to object is available for those in Europe (EEC) and the UK. You can opt out of their use of your personal data, by going to [https://accountsettings.ebay.co.uk/ai-preferences the AI preferences on the account settings page].

==Legality==

~~The idea of AI opt in by default is controversial in~~ Europe~~, as~~ the [[GDPR]] ~~sets a high bar for~~ default opt-in consent.

In Europe/EEA under the [[GDPR]] Opt-in means "'''permission first"''': no data processing until users explicit consent is given, aligning with privacy-by-default principles. Opt-out means "'''proceed unless stopped"''': data activities start automatically, with users bearing the burden to halt them.

To comply, businesses must map models to jurisdictions - in opt-in regimes, consent must be freely given, specific, informed, and unambiguous—pre-ticked boxes are invalid, per the CJEU’s Planet49 ruling. Also withdrawal must be as easy as granting - in opt-out, mechanisms like “Do Not Sell My Data” links suffice, but must be prominent and effective.

==Consumer response==

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+{{IncidentCargo
+|Company=Ebay
+|StartDate=2025-04-21
+|EndDate=
+|Status=
+|ProductLine=
+|Product=Ebay
+|ArticleType=
+|Type=Data, Privacy
+|Description=
+}}
 On the 21st of April, 2025, eBay's privacy policy was updated to allow eBay to use personal data for the training of their in-house and third-party AIs.<ref>{{Cite web |date=21 Apr 2025 |title=User Privacy Notice: 12. eBay and AI |url=https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-privacy-notice-privacy-policy?id=4260#section12 |url-status=live |archive-url=https://web.archive.org/web/20250421154108/https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-privacy-notice-privacy-policy?id=4260 |archive-date=21 Apr 2025 |website=eBay}}</ref>
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 You have rights with regard to your personal data. See Section 8. Rights as a data subject above for more details. Your rights also include the right to object - opens in new window or tab to our processing of your personal data for AI development and training purposes.</blockquote>
-===EBay's response: right to object===
+===eBay's response: right to object===
 This right to object is available for those in Europe (EEC) and the UK. You can opt out of their use of your personal data, by going to [https://accountsettings.ebay.co.uk/ai-preferences the AI preferences on the account settings page].
 ==Legality==
-The idea of AI opt in by default is controversial in Europe, as the [[GDPR]] sets a high bar for default opt-in consent.
+In Europe/EEA under the [[GDPR]] Opt-in means "'''permission first"''': no data processing until users explicit consent is given, aligning with privacy-by-default principles. Opt-out means "'''proceed unless stopped"''': data activities start automatically, with users bearing the burden to halt them.
+To comply, businesses must map models to jurisdictions - in opt-in regimes, consent must be freely given, specific, informed, and unambiguous—pre-ticked boxes are invalid, per the CJEU’s Planet49 ruling. Also withdrawal must be as easy as granting - in opt-out, mechanisms like “Do Not Sell My Data” links suffice, but must be prominent and effective.
 ==Consumer response==