Read The Times Australia

Daily Bulletin

Should online users be bound by their privacy agreements?

  • Written by: Samuel Becher, Associate Professor of Business Law, Victoria University of Wellington
Should online users be bound by their privacy agreements?

The political economy of digital capitalism is largely premised on a new exchange: individuals enjoy cheap or free services and goods in exchange for their personal information.

Put simply, individuals often pay online, consciously or unintentionally, with their data and privacy. As a result, companies hold a vast amount of information on consumers, and consumers allegedly agree to that practice. But as our research shows, online privacy agreements are largely incomprehensible.

Read more: Why are Australians still using Facebook?

Regulating privacy

Privacy issues are becoming more and more salient, in part due to enormous privacy scandals. Perhaps most conspicuously, a massive public protest erupted in response to the Facebook-Cambridge Analytica data scandal. In this case, the data of millions of people’s Facebook profiles was harvested. Facebook’s CEO, Mark Zuckerberg, testified before two US senate committees about the company’s privacy practices.

Read more: Why you should talk to your children about Cambridge Analytica

Privacy is now also at the forefront of policy making. The most systematic legislative attempt to make more order in the messy world of privacy is the EU General Data Protection Regulation (GDPR). It comes as no surprise that European legislature was breaking the ground in this realm. The EU is known to have a strong focus on citizens’ rights. It is committed to data protection, and to consumer protection more generally.

The GDPR came into force in May 2018. Its primary objective is to level the playing field and give individuals more control over their personal data. The GDPR also aspires to force companies to be more transparent around data collection and more cautious about its usage.

Clear and plain language

Another interesting aspect of the GDPR is its requirement to clearly communicate privacy terms to end users. In this respect, the GDPR requires companies to use “clear and plain language” in their privacy agreements.

Making privacy policies readable may bring about a few notable benefits. For starters, drafting readable policies better respects users’ autonomy. Beyond that, readability can contribute to better comprehension of legal texts. This, in turn, can make such texts more salient, leading companies to draft more balanced terms.

But does this indeed materialise? In our study (with Professor Uri Benoliel from Israel), we examined whether, half a year post-GDPR, companies present users with online privacy agreements that are readable. We applied two well-established linguistic tools: the Flesch Reading Ease test and the Flesch-Kincaid test. Both tests are based on the average sentence length and the average number of syllables per word.

We measured the readability of more than 200 privacy policies. We gathered these policies from the most popular English websites in the UK and Ireland. Our sample included policies used by companies such as Facebook, Amazon, Google, Youtube, and the BBC.

We had good reasons to be optimistic. The GDPR receives a lot of attention. It employs harsh penalties, which can presumably serve as effective deterrence. Additionally, the cultural convention is that Europeans generally tend to be compliant and law abiding.

But we were disappointed. Instead of the recommended Flesch-Kincaid score of 8th grade for consumer-related materials, understanding the average policy in our sample requires almost 13 years of education. Almost all the privacy policies in our sample, about 97%, received a higher than recommended score.

Readability remains a challenge

The European legislature thought that using plain language in privacy agreements can be part of a better, holistic approach to users’ privacy. We believe this is an idea worth exploring.

While not a magic bullet, readability can prove to be important for users’ privacy. But despite the GDPR’s requirement, European citizens still encounter privacy policies that are largely unreadable.

Does the GDPR just bark, but not bite? While it is perhaps too early to say, we located 24 websites in our sample that included their privacy policies as drafted pre-GDPR. We then measured their readability. The results show that current privacy policies are only slightly more readable than the older ones.

This may offer some lessons. Most notably perhaps, good intentions and extensive legislation may not suffice. Merely having a general, vague law is not likely to yield the anticipated change.

Authors: Samuel Becher, Associate Professor of Business Law, Victoria University of Wellington

Read more http://theconversation.com/should-online-users-be-bound-by-their-privacy-agreements-112301

Business News

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Top 4 Wheelchair Ramp Providers in the Boulder Area

Finding the right wheelchair ramp in Boulder will feel like a turning point. Whether you are plann...

Thermoplastic vs. Paint: The True Long-Term Cost Comparison

Line marking looks like a simple line item on a school maintenance budget, until the true cost of ...

Why Vetting Beats Volume: The Real Story Behind Australia's Growing Applicant Pools

On paper, hiring should be getting easier. Job ads across the country are pulling in more applicat...

Moving Out of a Rental in Melbourne? A Practical Moving Checklist

Moving out of a rental in Melbourne is one of those things that always feels further away than it ...

Why a Cordless Rebar Tying Machine Is a Smart Investment for Australian Construction Projects

Tying reinforcing steel by hand means spending hours bent over while making the same twisting moti...

How to Get a Document Notarised in Sydney: What to Bring, What It Costs and How Long It Takes

If an overseas bank, embassy, university, employer or land registry has asked you for a notarised ...

The 2026 Used-Car Market

For a few strange years, the used-car market rewrote its own rules. Supply shortages sent second-h...

Why CCTV Alone Is Not Enough for Modern Business Security

Cameras are usually the initial step that companies take to strengthen their physical security. If...

Why Every Workplace Should Take Emergency Preparedness Seriously

Emergency planning is one of those things many workplaces know they should think about, but it oft...