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> Consent should be freely given otherwise it's invalid. I tried to figure out what this actually means but it's very hazy. A naggy news website isn't perform
by clarry 6y ago
> Consent should be freely given otherwise it's invalid.
I tried to figure out what this actually means but it's very hazy. A naggy news website isn't performing a contract. Are they provisioning a service (assuming you did not buy or order or subscribe to anything)?
"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."
https://gdpr-info.eu/art-7-gdpr/ https://gdpr-info.eu/art-7-gdpr/
- Nextgrid 6y agoFor starters, it simply means that if declining consent is harder/more annoying than accepting then it's already in breach, regardless of anything else. If your website takes 1 click to accept tracking but several clicks to deny it then you're already in breach (assuming the law was actually enforced, which it isn't at the moment).
- clarry 6y agoCan you link a reliable source?
- Nextgrid 6y agoThis is from the ICO, the UK privacy regulator: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/consent/ https://ico.org.uk/for-organisations/guide-to-data-protectio... > Consent requires a positive opt-in. Don’t use pre-ticked boxes or any other method of default consent. If providing consent requires a single click (accept the pre-ticked options) but declining consent requires multiple clicks (to untick the pre-ticked options) then that is already in breach. > Be specific and ‘granular’ so that you get separate consent for separate things. Vague or blanket consent is not enough. A big "accept" button for everything is not good enough either.