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That is only if you use consent as your lawful basis. The reason why nearly everyone is using consent currently is because the other straightforward one which
by dogma1138 8y ago
That is only if you use consent as your lawful basis.
The reason why nearly everyone is using consent currently is because the other straightforward one which is:
(f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
Is so vaguely defined as far as benchmarks go and no one is up for taking the risk of being at the mercy of the judgment of 28 different regulators and court systems.
- amarkov 8y agoI don't think it's necessarily the case that everyone's using consent currently. They just think (probably correctly) that regulators will be more favorable to a company that always makes disclosures and asks for permission up front.
- dogma1138 8y agoThe disclosure part is unrelated to the basis, you need to tell the user what you collect for what purpose and what is the lawful basis for it. Consent is no more lawful than interest however it’s less open to interpretation despite its likely not the most appropriate basis for many cases. Consent doesn’t enables you to do more or less all the lawful bases by definition are equal in their scope.
- krageon 8y agoIf it makes you anxious whether or not you are compliant, you're probably not. As a rule of thumb this goes pretty well with a lot of legislation.
- dogma1138 8y agoThat’s not how the real world works at all virtually all proper regulation has set of benchmarks and a defined compliance validation process.