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Quoting GDPR: "Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subjec
by molf 9y ago
Quoting GDPR:
"Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement [...]" [1]
"Consent is presumed not to be freely given [...] if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance." [2]
[1] https://gdpr-info.eu/recitals/no-32/ https://gdpr-info.eu/recitals/no-32/
[2] https://gdpr-info.eu/recitals/no-43/ https://gdpr-info.eu/recitals/no-43/
- reid 9y agoThanks for replying! GDPR is complex. Indeed, declining these specific consents will still permit one to access a service. My understanding is that there can be other consents, such as consent to changes of Terms of Use, which are required to access a service.
- chii 9y ago> the provision of a service, is dependent on the consent despite such consent not being necessary for such performance. but to play the devil's advocate, if it costs money to provide a service, but that money is currently supplied by selling personal data to third-parties, then isn't it true that the service cannot be provided without the data?
- zaarn 9y agoWell then you'll have to hinge the performance of your service on actually asking the user for money.