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Is that not only the case for consent as legal basis though? If you're signing up to a service, then surely they can use fulfilment of a contract (with some ver

Is that not only the case for consent as legal basis though? If you're signing up to a service, then surely they can use fulfilment of a contract (with some very expensive lawyers drafting some nice ToS language), or legitimate interests (i.e. argue that a social network relies on real names etc to function)? I see this turning into an in-app clicking contest though soon, a card comes up in the app with a little description, a cutesy graphic, and a "Consent" "No Consent" box to click before you can get to the newsfeed.

grabeh 9y ago
Yes there are two separate bases for processing of data, but the point is that consent cannot be bundled and made a precondition to another form of processing i.e. to provide a service. Put another way, Facebook should not make the provision of a service (which technically should not require usage of data for other purposes i.e. marketing/advertising, ignoring any business model points) conditional upon providing consent for that other form of processing. Bundling of consent means the consent is not freely given here because the user wants the service and so is less likely to refuse than if the consent decision was isolated from the provision of service.