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> [Accept new TOS] [Decline and erase account]* Actually, that's still a GDPR violation. A user cannot sign away their rights in the ToS. From https://gdpr-inf
by tremon 7y ago
> [Accept new TOS] [Decline and erase account]*
Actually, that's still a GDPR violation. A user cannot sign away their rights in the ToS. From https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/ "Conditions for consent":
If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
[..]
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.
In other words, if Gitlab ties the consent for telemetry together with access to the service itself, the consent is considered not freely given and therefore not legally binding at all.