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| practices:legal_enforcement [2026/08/21 14:50] – Boxes: <wrap> renders a span, use uppercase <WRAP>; one box per list, not per bullet karel.kubicek.claude | practices:legal_enforcement [2026/09/11 18:00] (current) – Carve-out drift: the domain-to-company ownership material moved from Programming:Crawler:webXray to the new Design:Ownership resolution on 2026-09-11; repoint the link. Authored by Claude karel.kubicek.claude |
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| - **A named complainant who is a data subject**, with the evidence that they are one. Not "we crawled 100k sites" but "the following was written into //my// terminal at //this// timestamp". | - **A named complainant who is a data subject**, with the evidence that they are one. Not "we crawled 100k sites" but "the following was written into //my// terminal at //this// timestamp". |
| - **The controller, identified.** Reg. 2025/2518 Art. 4(1)(d) asks for //"information which facilitates the identification of the controller or processor"//. For a third-party tracker this is real work: the domain is not the company. See [[Programming:Crawler:webXray]] for the ownership databases and how much they disagree. | - **The controller, identified.** Reg. 2025/2518 Art. 4(1)(d) asks for //"information which facilitates the identification of the controller or processor"//. For a third-party tracker this is real work: the domain is not the company. See [[Design:Ownership resolution]] for the ownership databases, how much they disagree, and how often each is right. |
| - **The provision breached, named as an article of the //national// law.** "Art. 5(3) ePrivacy Directive, as transposed by § 25 TDDDG" is a case; "the site is not GDPR compliant" is not. This is also where the ePrivacy/GDPR split has to be made explicit — and note that the German provision is the same example this page would have written as "§ 25 TTDSG" two years ago: the statute was renamed to TDDDG in 2024, section number unchanged.((Verified 2026-08-18 at [[https://www.gesetze-im-internet.de/ttdsg/__25.html|gesetze-im-internet.de]], whose URL path still reads ''ttdsg'' while the heading reads "§ 25 TDDDG — //Gesetz über den Datenschutz und den Schutz der Privatsphäre in der Telekommunikation und bei digitalen Diensten//".)) | - **The provision breached, named as an article of the //national// law.** "Art. 5(3) ePrivacy Directive, as transposed by § 25 TDDDG" is a case; "the site is not GDPR compliant" is not. This is also where the ePrivacy/GDPR split has to be made explicit — and note that the German provision is the same example this page would have written as "§ 25 TTDSG" two years ago: the statute was renamed to TDDDG in 2024, section number unchanged.((Verified 2026-08-18 at [[https://www.gesetze-im-internet.de/ttdsg/__25.html|gesetze-im-internet.de]], whose URL path still reads ''ttdsg'' while the heading reads "§ 25 TDDDG — //Gesetz über den Datenschutz und den Schutz der Privatsphäre in der Telekommunikation und bei digitalen Diensten//".)) |
| - **Reproducible evidence, not a table of percentages.** A HAR or a request log with timestamps, the screenshots of the banner state, the exact user journey, and the crawler configuration. See [[Programming:Traffic files]] and [[Design:Automated measurements]]. | - **Reproducible evidence, not a table of percentages.** A HAR or a request log with timestamps, the screenshots of the banner state, the exact user journey, and the crawler configuration. See [[Programming:Traffic files]] and [[Design:Automated measurements]]. |
| * [[Privacy:Consent]] — what you are measuring when you measure a cookie banner. | * [[Privacy:Consent]] — what you are measuring when you measure a cookie banner. |
| * [[Privacy:Cookies]] and [[Privacy:Requests]] — the classification your legal claim rests on. | * [[Privacy:Cookies]] and [[Privacy:Requests]] — the classification your legal claim rests on. |
| | * [[Privacy:Policies|Measuring Privacy Policies and Terms]] — the //document// side of a compliance claim rather than the behavioural side. Most of that literature assesses a law, at many times the corpus rate; that page carries the counts and the test. |
| * [[Design:Crawling location]] — the vantage point determines which national transposition applies to what you observed. | * [[Design:Crawling location]] — the vantage point determines which national transposition applies to what you observed. |
| * [[Practices:Public relations]] — publication as the other enforcement route, per {[saemann2022_fines]}. | * [[Practices:Public relations]] — publication as the other enforcement route, per {[saemann2022_fines]}. |
