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this post was submitted on 24 Feb 2024
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Bad news, the manufacturer is located in Switzerland and, as stated in the brochure, they advertise their product as "Made in EU". Probably to implicate that any data which will be collected and processed will be under the terms of GDPR.
I haven't looked up the terms regarding GDPR, but I assume that their data collection is somewhat "compliant" with GDPR, which does not necessaryly mean anything. It can just mean that data is not stored locally, albeit it will be send to the manufacturer (but probably entcrypted). However, under GDPR you can enforce your right of deletion of the collected data - that is, if you know that data about you has been collected.
What makes this issue so severe is that it would have never been detected that data has been collected and processed, if it weren't for a malfunction.
Edit: grammar, spelling
Switzerland is not in the EU. Also even if it was, it's not illegal to design/manufacture solutions that don't comply with GDPR. They just can't be sold in the EU.
Also, data collection absolutely requires consent, it's why cookie popups exist on every website.
That is correct. Switzerland is not a part of the European Union. The manufacturer, Invenda, is located in Switzerland. That is where their headquarters are. It might be possible that their vending machines are produced within the EU (another country where production costs are lower). It might be possible that these specific models (those who offer data collection) are designed for markets outside of EU.
They advertise their product as "Made in EU" (see brochure). This could be made on purpose to implicate that their data collection meets GDPR requirements, leading to believe that everything is compliant with the law.
Under GDPR you also need explicit consent for data collection, right?
Correct. The said vending machine was collecting data without users consent. And because it was facial recognition data it means that the collected data can be tied to an individual.
It would have been different if the collected data was just a counter which indcated the number of users of that machine. These kind of data could not have been tied to a specific individual.