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Please see GDPR Article 7, §4: "When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a cont

Please see 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." And then Recital 43: "Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or 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." If: 1. You ask users for consent 2. The consent is not strictly necessary to provide the service 3. You deny the service to users who decline to give consent Then the consent isn't freely given and therefore invalid. > GDPR does not forced you to provide a free service or a service that generate less revenue. True, but then consent isn't the right basis for processing of data. As you mentioned, business justification, or "legitimate interests" as GDPR puts it, is what you should be using.

dogma1138 8y ago
Article 7 does not violate what i said this is a single purpose clause. Meaning i can't force you to sign up to my mailing list or refuse to sell you items on my store, the current interpretation of most DPA is that it doesn't apply to single purpose processing. Also again as stated below people confuse the "I agree" button to a GDPR consent, the fact that there is ok/opt-out UI for GDPR does not mean that they are seeking consent as their lawful bases but they still need to inform the user and allow them to opt-out (even if opt-out means that they opt-out of the service). Only about half the GDPR popups I've seen were actually worded solely for seeking consent even tho they had the agree/opt-out buttons below the text itself stated the legitimate interests of both them and their partners in why they need the data for most things with maybe a handful of purposes relying on consent alone.

dogma1138 8y ago

Article 7 does not violate what i said this is a single purpose clause. Meaning i can't force you to sign up to my mailing list or refuse to sell you items on my store, the current interpretation of most DPA is that it doesn't apply to single purpose processing. Also again as stated below people confuse the "I agree" button to a GDPR consent, the fact that there is ok/opt-out UI for GDPR does not mean that they are seeking consent as their lawful bases but they still need to inform the user and allow them to opt-out (even if opt-out means that they opt-out of the service). Only about half the GDPR popups I've seen were actually worded solely for seeking consent even tho they had the agree/opt-out buttons below the text itself stated the legitimate interests of both them and their partners in why they need the data for most things with maybe a handful of purposes relying on consent alone.