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LibreMonk

@ LibreMonk @linkage.ds8.zone

Posts
32
Comments
33
Joined
2 yr. ago

  • When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

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  • I heard postbank was eliminated in Germany but post office banking is still an option in other countries. I doubt any post office banks stand on their own. The one I’m aware of is just a proxy for another crappy bank.

    Many elderly people can’t use a smartphone so smartphone only options definitely sound like a no go.

    It’s somewhat convenient that tech illiterates are in the same boat with the streetwise (who are tech saavy enough to distrust commercial tech that’s being pushed down our throats). But there are efforts to divide us. Elderly folks are getting social helpers with tech, which will shrink those resisting enshitification of everything to a population that’s easier to marginalise. I also don’t suppose it will be long before the tech illiterate elderly are no longer with us anyway.

  • When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

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  • at least in Germany companies and state are not anymore required to accept cash for invoices

    Yikes. That’s a shame. There is the EC Recommendation of 22 March 2010 (2010/191/EU) which wisely states:

    A debtor can discharge himself from a payment obligation by tendering euro banknotes and coins to the creditor.

    I am surprised Germany has gone against that. I thought cash was loved by Germans.

  • When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

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  • Glad to hear you’re standing up for yourself, and others. And glad to hear an analog option is still possible. That’s by far the most important option. If you can do everything offline, then you can escape whatever garbage tech they try to push. Essential services like banking and utilities should always have an offline analog option.

  • When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

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  • The thesis is: what are our rights? Knowing your rights is a good idea /before/ you go off and try to solve a problem.

    It may very well be that we have no useful rights and the choices are: be bullied, or find a different bully. But let’s not get ahead of ourselves. Other banks are garbage too, so it may be better to improve the bank you have (if possible through legal actions and exercising your rights) then to make it someone else’s problem.

  • When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

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  • you should probably just keep the money in cash

    Of course. Cash would solve the problem. But creditors are refusing that now and also refusing cards at the same time. Otherwise the bank card could get cash out of the ATM and pay the creditors.

  • When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

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  • No, not anymore. They became app exclusive. Customers must become an Apple or Google patron, or just use the bank card. They also closed their shop doors and terminated their phone number. If you call them on their unpublished phone number, they insist: “email us” and they refuse to give any service over the phone. And their email goes through gmail (and no PGP key given). Paper letters are ignored. They also refuse manual transfers. The app is the sole means for transfers.

  • When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

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  • The EU has that covered as REGULATION (EU) No 260/2012 imposes 2FA.

    But for me personally, I do not trust closed-source apps from surveillance advertisers running on a Google or Apple proprietary platform, no matter how well they do the 2FA. Even if the endpoint were impenetrable, I do not trust the bank itself not to snoop -- in part because I do not trust the GDPR, which is scantly enforced and regularly disregarded to a laughable extent. And from the ecocide PoV, I refuse to throw away good hardware and support designed obsolescence. They can pry my old phone from my cold dead hands.

  • Juridisch Advies NL @feddit.nl
    LibreMonk @linkage.ds8.zone

    When an EU-based bank forces you to buy a recent smartphone to access your account, what are your rights?

  • Openstreetmap @feddit.uk
    LibreMonk @linkage.ds8.zone

    (OSMand)⚠ downloadable map list empty!

  • Suppose you agree to a contract that binds you to relying on other people doing something?

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  • you can’t just scream legal tender and throw physical money at your creditor¹.

    IIRC in the US it’s written simply that if you leave legal tender in the creditor’s possession, your debt is reduced by that amount regardless of what they do with it. But of course gathering evidence in that case can be dicey.

    If I remember rightly you need to lodge it with the courts and then it basically prevents you from being sued as the money is there to pick up.

    There was a guy in Germany who fought the forced use of electronic payment for radio licensing fees that way. He escrowed it in a blocked account so that the gov could not claim he was just looking to evade the fees. It seems like a good approach.

  • Suppose you agree to a contract that binds you to relying on other people doing something?

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  • You’re probably right. But certainly I have seen laws that push back in situations where the party with the greatest amount of power and privilige subjects the other party to various factors outside of their control, where the law counters that to mitigate unfairness.

    The GDPR exhibits this with a “fairness” clause, which the EDPB reflects on as follows:

    • Non-exploitation – The controller should not exploit the needs or vulnerabilities of data subjects.
      • Power balance – Power balance should be a key objective of the controller-data subject relationship. Power imbalances should be avoided. When this is not possible, they should be recognised and accounted for with suitable countermeasures.
        • No risk transfer – Controllers should not transfer the risks of the enterprise to the data subjects.
          • Respect rights – The controller must respect the fundamental rights of data subjects and implement appropriate measures and safeguards and not impinge on those rights unless expressly justified by law.
            • Ethical – The controller should see the processing’s wider impact on individuals’ rights and dignity.

    None of that applies to my non-GDPR situation, but just an example of law that tries the shift burden of risks back onto the party with the most power. Labor law often has rules to protect workers from becoming subject to risks and factors outside of their control. In my case I need to look more at credit and debt laws, where the creditors tend to have disproportionate power. The UK’s legal tender law is one such tool to relieve debtors from the disempowerment of forced banking (which is weak where I am but there may be another mechanism).

    took an action, namely leaving the country, of your own free will

    It’s perhaps worth noting the Universal Declaration of Human Rights art.13:

    1. Everyone has the right to freedom of movement and residence within the borders of each State.
      1. Everyone has the right to leave any country, including his own, and to return to his country.

    That does not necessarily contradict anything you said, but I think it is a bit harsh for a creditor to make debtors choose between their human rights and satisfying their contractual obligations.

  • Suppose you agree to a contract that binds you to relying on other people doing something?

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  • The post was composed with the understanding that different countries have different laws. It is not an attempt to practice UK law outside of the UK. It’s to get a general grasp on core legal theories and common practices and concepts.

    For example, I learnt basics of contract law from Nolo. Nolo gives a good basic understanding of legal concepts and norms. Of course Nolo is not an all encompassing reference and does not cover variation from one jurisdiction to the next in detail. But I find that what I have learned from Nolo is very similar concepts span many different jurisdictions. You can imagine that if a law school were to only teach legal concepts that apply specifically in the location of the school, it would be a school of low standards, where lawyers could not easily adapt to other jurisdictions.

    I don’t even know if the legal scenario at hand has a wild variation across jurisdictions. Some situations have more variation than others. I’m in the very early stages of trying to get a grasp on what question to ask. I don’t even speak the language of the laws that apply to me, so without even knowing the common concepts for the situation, searching for the relevant statutes is quite an undertaking. If there were some kind of latin jargon to describe the situation of being bound by the action of non-contracting actors, even that would help in finding my way to the precise statutes (or case law) that I need.

    Talk to a lawyer, not us.

    I qualify for a free lawyer since I have no income. But the agency that allocates pro bono lawyers has very narrow verification requirements (in short, I must have a certificate that proves I am in in the unemployment system). So because I am not in that system, I fall through the cracks. Which means I have to work pro se in this case.

  • Suppose you agree to a contract that binds you to relying on other people doing something?

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  • I suspected that. It is interesting to know indeed. That is also the case in the US, where contracts cannot trump legal tender law.

    But I believe I’m in a cash-unfriendly country where legal tender does not distinguish debts from points of sale and contracts trump law in this case, so I am still mainly interested in knowing the very general legal theories in contract law for situations where someone is bound by the actions of those not a party to the contract.

    Another example: what if a contract required someone to obtain and maintain a mobile phone service, then later in the contract SIM registration is implemented and the obligated party cannot get service because their ID card is rejected or they don’t meet whatever KYC requirements? Hypothetical, but I am increasingly finding myself in situations where a supplier of some kind forces me to be served in some way by some other service.

    Really seems off that I can be contractually obligated in a way that requires action by others. Fair enough if I have to make an effort to get served by a 3rd party, but when the effort fails I’m very annoyed that I might be accountable for the consequences.

  • Juridisch Advies NL @feddit.nl
    LibreMonk @linkage.ds8.zone

    Suppose you agree to a contract that binds you to relying on other people doing something?

  • uklaw @feddit.uk
    LibreMonk @linkage.ds8.zone

    Suppose you agree to a contract that binds you to relying on other people doing something?

  • US Law (local/state/federal) ⚖ @lemmy.sdf.org
    LibreMonk @linkage.ds8.zone

    Suppose you agree to a contract that binds you to relying on other people doing something?

  • shell @discuss.tchncs.de
    LibreMonk @linkage.ds8.zone

    Generating reference numbers in bash or sqlite that do not appear sequential (like shuffling a deck of cards)

  • JavaScript @lemmy.sdf.org
    LibreMonk @linkage.ds8.zone

    the JavaScript problem: a conflict of interest

  • Is this Instance Down? @infosec.pub
    LibreMonk @linkage.ds8.zone

    ☠ lemmy.sdfeu.org ~has died~ is back up, but communities gone

    lemmy.sdfeu.org

  • [pdfcomment] the font option produces PDFs that only render correctly in Adobe Acrobat, not Poppler (xpdf, evince, okular)

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  • After more investigation, muPDF is a FOSS PDF viewer that does not use Poppler libs. I’m told it renders the standard fonts but not the others.

    Acrobat is perhaps the only PDF viewer that displays callouts. And the pdfcomment package has a serious defect that has a callout strike through the page.

    So much for PDFs being “portable”.

  • TeX typesetting @lemmy.sdfeu.org
    LibreMonk @linkage.ds8.zone
    pdfcomment

    the font option produces PDFs that only render correctly in Adobe Acrobat, not Poppler (xpdf, evince, okular)