3 ms·
Really? Where is this rule stated in the GDPR?
by mateo411 7y ago
Really? Where is this rule stated in the GDPR?
- jdlshore 7y agoArticle 4 section 11 defines "consent" as something that must be freely given. [1] Article 7 section 4 further clarifies that consent is not freely given if provision of a service is conditional on consent. [2] Recital 43 is super clear: "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." [3] The gdpr.eu website unpacks the legalese: "“Freely given” consent essentially means you have not cornered the data subject into agreeing to you using their data. For one thing, that means you cannot require consent to data processing as a condition of using the service." [4] [1] https://gdpr-info.eu/art-4-gdpr/ https://gdpr-info.eu/art-4-gdpr/ [2] https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/ [3] https://gdpr-info.eu/recitals/no-43/ https://gdpr-info.eu/recitals/no-43/ [4] https://gdpr.eu/gdpr-consent-requirements/ https://gdpr.eu/gdpr-consent-requirements/