eBay opts-in users for AI training

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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.

Privacy policy update

In section 12, "eBay and AI", the following is stated about the relation to individual rights:

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.

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 the AI preferences on the account settings page.

Legality

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

Summary and key issues of prevailing sentiment from the consumers and commentators that can be documented via articles, emails to support, reviews and forum posts.

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