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GDPR Article 7(4) When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, includin
by wav-part 9y ago
GDPR Article 7(4)
When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
So GDPR does not say its illegal, just that it will be determined on case by case basis.
For legal experts, is this facebook consent obtaining GDPR compliant ?
https://www.facebook.com/legal/terms/update https://www.facebook.com/legal/terms/update
By using or accessing Facebook Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time.
- PeterisP 9y agohttps://gdpr-info.eu/recitals/no-32/ https://gdpr-info.eu/recitals/no-32/ is the definition of consent. Simply having a term in the general conditions fails the "a clear affirmative act" part. Saying "use such content" fails the "informed and specific" part - it needs to detail exactly what uses (explicitly listing each) you're consenting to; and it doesn't list the purpose of the use, which is a key part ("When the processing has multiple purposes, consent should be given for all of them") If facebook has obtained your consent for one (or hundred and one) use-case, it does not mean that it can use it for something else simply by amending ("from time to time") the Data Policy, it would need to get additional explicit, affirmative (opt-in), informed consent to the new processing need of your information.