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adobe portfolio use in germany / legal problems / dsvgo

Community Beginner ,
Nov 11, 2022 Nov 11, 2022

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is it correct that adobe portfolio is not usable in germany (actually in europe in general) because of the data transfer regarding the font information?

As far as I can see, I can install a cookie warner, but it has no relevance, because the portfolio page starts regardless of whether the user joins or not.

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correct answers 2 Correct answers

Community Expert , Nov 13, 2022 Nov 13, 2022

@Torsten.H,

1. Portfolio Themes typically use standard web-safe fonts that are commonly installed on Win/Mac systems.  Optionally, you may use select Adobe Web Fonts but they are not activated by default.  I could be wrong but AFAIK, Portfolio doesn't support Google Fonts.  Why would Adobe use competing fonts when they have their own?

 

2. Create a new custom page for your Privacy Policy & Cookie Statement.  

...

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Community Expert , Nov 14, 2022 Nov 14, 2022

@Torsten.H,

No one here works for Adobe or Portfolio. We are just fellow product users like you.

 

You're under no obligation to use free Portfolio website service.  You can buy your own server space from a commercial hosting provider and build your own site from scratch.  That's your choice.

 

I won't debate with you about how Portfolio works.  To pursue this further, contact Portfolio's support team directly below.  I'm sure they can answer all your questions.

https://help.myportfolio.com/hc/requests/new?ticket_form_id=177168

...

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Community Beginner ,
Nov 13, 2022 Nov 13, 2022

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Short version of the ruling relating to Google Fonts. I see the same problem with Adobe Fonts.

 

On 20 January 2022, the Munich Regional Court came to the conclusion that companies may not use dynamic web content such as Google Web Fonts without the permission of users.

This is because they pass on personal data such as the IP address to third parties without being asked and in this way violate the general right of personality in the form of the right of informational self-determination according to Section 823 (1).

They can download dynamic web content such as web fonts and embed them from their own server. In this context, the LG imposed a fine of 100 euros on a site operator who had transmitted personal data to Google via Google Web Fonts without being asked

 

I would like to hear a response from Adobe on this issue. Since I'm not a lawyer, I may have the wrong view.

 

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LEGEND ,
Nov 13, 2022 Nov 13, 2022

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Well, certainly Adobe won't be providing the font files for download - there are something like $50,000 worth of font files, and their license wouldn't allow them to do it anyway. I suggest you buy web server licenses for the fonts - I can't imagine using Adobe Fonts on any important or commercial site anyway. Imagine the subscription happens to lapse and the whole web site stops working...

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Community Expert ,
Nov 13, 2022 Nov 13, 2022

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@Torsten.H,

1. Portfolio Themes typically use standard web-safe fonts that are commonly installed on Win/Mac systems.  Optionally, you may use select Adobe Web Fonts but they are not activated by default.  I could be wrong but AFAIK, Portfolio doesn't support Google Fonts.  Why would Adobe use competing fonts when they have their own?

 

2. Create a new custom page for your Privacy Policy & Cookie Statement.  

 

3. Add an optional Cookie Banner to your Portfolio site with a link to your newly created Privacy Statement page.  Portfolio doesn't load Google Analytics or 3rd party scripts until users click the Cookie Banner that appears on your site's landing page.  To test the Cookie banner, clear your browser's cached data & cookies.  Then Refresh browser with Ctrl+R or F5.  

https://help.myportfolio.com/hc/en-us/articles/360038509333-Adding-a-Cookie-Banner

 

If you have more questions or concerns, contact the Portfolio Support Team below.  They usually reply within 24-48 hours, Monday - Friday.

https://help.myportfolio.com/hc/requests/new?ticket_form_id=177168

Hope that helps.

 

Nancy O'Shea, Product User & Community Expert
Alt-Web Design & Publishing ~ Web : Print : Graphics : Media

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Community Expert ,
Nov 13, 2022 Nov 13, 2022

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(@Nancy OShea, tangential to this thread, adobe does support google fonts in animate.)

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Community Expert ,
Nov 13, 2022 Nov 13, 2022

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The topic isn't about coding tools like Animate or Dreamweaver.  It's  Portfolio which is an online website service that doesn't allow code insertion or uploading custom web fonts from 3rd parties. 

 

There's no way to insert Google Fonts into Portfolio unless it's coming from the Theme.  And I can see no evidence that Portfolio Themes are using Google Fonts.

 

Nancy O'Shea, Product User & Community Expert
Alt-Web Design & Publishing ~ Web : Print : Graphics : Media

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Community Expert ,
Nov 13, 2022 Nov 13, 2022

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i said it was tangential, and imo does indicate that adobe more than allows competing fonts.

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LEGEND ,
Nov 14, 2022 Nov 14, 2022

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This is not about choice of fonts exactly. It is about a judgement in Germany that using online fonts which are hosted outside the EU is illegal, and issued fines to web site owners. This applies equally to Adobe Fonts and Google Fonts. Story: https://cookie-script.com/blog/google-fonts-and-gdpr.  (Why: I read that it is because (1) European data protection law requires consent to send user's personal data outside the EU (2) using online font services requires sending the user's IP address (3) the user's IP address is considered personal data. I am not a lawyer!)

This is resolvable (some say) if the web site obtains the user's informed consent BEFORE showing any info that requires such fonts. A key problem is that most sites show the page and THEN ask for consent.

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Community Expert ,
Nov 14, 2022 Nov 14, 2022

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@Nancy OShea and @Test Screen Name, sorry.  i failed to make the reason for my point clear.

 

it was in response to @Nancy OShea's, "Why would Adobe use competing fonts when they have their own?". 

 

imo, that's not compelling when adobe does promote the use of competing fonts by making it just as easy to use google fonts and adobe fonts in animate html5 projects.

 

that there are other reasons adobe may promote other fonts in other situations, or choose not to, i wasn't addressing.

 

and, of course, it's possible adobe will remove the google font option from animate in an update, but even that wouldn't reinforce @Nancy OShea's statement.

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Community Beginner ,
Nov 14, 2022 Nov 14, 2022

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Hi,...many thanks for all the replies.but I think that some people missunderstand the problem.

 

If I start an adobe portfolio page and have installed the cookie banner provided by adobe, a user can use the page without agreeing to the cookie.

 

Even if I click "reject" on the banner provided by Adobe, the page starts and loads fonts from the USA. And again...this is forbidden in Europe.

 

This means that the page loads Adobe fonts from the USA even though the user has not agreed to it. This is not allowed in Europe. ( as also described by "TestScreenName").


Regarding Google Fonts:

 

The example I gave regarding Google Font is a ruling from January 2022 (On 20 January 2022, the Munich Regional Court came to the conclusion that companies may not use dynamic web content such as Google Web Fonts without the permission of users).

 

I don't want to use Google Fonts, but I see the same problem with Adobe Fonts. I cannot prevent a page created with Adobe Portfolio from retrieving font data from the USA.

It doesn't matter what rules adobe has defined. According to my understanding (and also a legal article I have read in the meantime) it is not possible to create a legally approved page with adobe portfolio in europa


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Community Expert ,
Nov 14, 2022 Nov 14, 2022

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@Torsten.H,

No one here works for Adobe or Portfolio. We are just fellow product users like you.

 

You're under no obligation to use free Portfolio website service.  You can buy your own server space from a commercial hosting provider and build your own site from scratch.  That's your choice.

 

I won't debate with you about how Portfolio works.  To pursue this further, contact Portfolio's support team directly below.  I'm sure they can answer all your questions.

https://help.myportfolio.com/hc/requests/new?ticket_form_id=177168

Goodbye & best of luck.

 

Nancy O'Shea, Product User & Community Expert
Alt-Web Design & Publishing ~ Web : Print : Graphics : Media

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