Vtech, having leaked 6.3m kids' data, has a new EULA disclaiming responsibility for the next leak


#1

[Read the post]


#2

“YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE
DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR
LATER ACQUIRED BY UNAUTHORIZED PARTIES.”

No, I don’t.


#3

Fun fact: In the UK, this line would nullify the entire contract! :smiley:


#4

Yeah, I was about to ask how V-Tech is claiming exemption from the Data Protection Act 1998?


#5

6.3 meters of data is a lot of data, I know I’m not gonna trust these jerks again.


#6

Just because a company has a contract or legalese absolving themselves from liability that doesn’t mean that it’s actually binding or that it can’t go into the court of law. Especially if these clauses are intended to shirk responsibility away from the company.

Other companies have tried these tactics for other things in the past few years and generally it doesn’t go their way.


#7

This reminds me of a conundrum I never got around to testing, but what if one were to put a EULA on malware… could liability be shifted fully onto the user?


#8

. . . why do they need to collect and store kids’ data?


#9

It’s sort of been done. Some laptop manufacturers have implemented malware on said products, sometimes it can be part of some other benign software and generally those will have EULA. Similar things have happened with other software now that I think about it.

But as I mentioned, you can try to cover your ass as much as you want with EULA but that will never absolve responsibility to a company. It’s designed to scare away customers from taking legal action.


#10

So long as you’re kid is shorter than that, you’re good.


#11

Consumer rights, eh?

What a novel concept!


#12

This is a nothingburger, even under US law. I’m not a lawyer, but one of the things pounded into our heads repeatedly in business law class in college is that EULA terms can’t supersede a legal finding of negligence, even if both parties agree to them. If you were negligent and get sued for it, you’ll still lose. And VTECH would have an awfully hard time claiming it hasn’t been negligent so far.


#13

This topic was automatically closed after 5 days. New replies are no longer allowed.