2 ms·
have not saved you giving consent What do you mean? That they had a form like this: Enter your email: ______ Check to receive newsletters: [_] But di
by TekMol 8y ago
have not saved you giving consent
What do you mean? That they had a form like this:
Enter your email: ______
Check to receive newsletters: [_]
But did not save if the checkbox was ticked?
Since them sending this mail and me doing nothing does not create consent, why do they send it? How did they get the idea to do so? The emails all look pretty similar.
- yulaow 8y agoUnder gdpr (and also old privacy eu directive) you have to link a explicit privacy policy with the "check the inbox" to confirm consent, if there was no privacy policy linked the consent is not valid (not before, nor now, nor anymore) So even those companies who had your email for newsletter at the time cannot use it anymore after the 25 may if you don't give a new full informed consent
- TekMol 8y agoif there was no privacy policy linked the consent is not valid Which article of the GDPR states that? I cannot find a single occurance of the term "privacy policy" in the GDPR.
- yulaow 8y agoPrivacy policies were already mandatory in the previous eu privacy directive over which the GDPR directly extends. [1]https://termsfeed.com/blog/gdpr-privacy-policy/#Have_a_Privacy_Policy https://termsfeed.com/blog/gdpr-privacy-policy/#Have_a_Priva... [2] https://termsfeed.com/blog/privacy-policy-mandatory-law/#In_the_European_Union_EU https://termsfeed.com/blog/privacy-policy-mandatory-law/#In_...
- TekMol 8y agoThese type of sites often write nonsense. I prefer to look at the actual text of the regulations.
- Guest9812398 8y agoA few things are important... 1. That checkbox could not have been checked by default. If it was, the consent wasn't valid, and they can't contact you. 2. Consent can't be grouped together. If there was a single checkbox for subscribing to special offers, and news about site updates, that is not valid. There needed to be separate checkboxes for each of those items. 3. They need to be able to prove you gave consent. For example, by knowing when you gave consent, where you gave consent, and how it was presented to you. In the past they might have just updated a "subscribed" flag on your account from 0 to 1 when you checked the box on the registration page, or when you went to your account settings and signed up for the newsletter. That's not valid because they can't prove where you gave consent. Did a user click a link in an email 4 years ago to subscribe to the newsletter? If so, can they demonstrate what that email said, along with the actions taken, to prove that valid consent was received? This is some of the reasons why companies are asking for consent again. They might have done their best to properly receive consent in the past, but now the email list they spent years building is invalid.