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I have read this and (IANAL) view this as a definition for what is "freely given consent". If you force users to give consent in order to use service, it isn't
by ohmaigad 6y ago
I have read this and (IANAL) view this as a definition for what is "freely given consent". If you force users to give consent in order to use service, it isn't freely given consent. It doesn't say that you must provide the service.
- Fradow 6y agoWe'll have to agree to disagree. Perhaps someday a judge will rule on this, but I'm not aware of any case on this particular point yet.
- perlgeek 6y agoI think the heart of the matter is "not necessary for the performance of that contract". Privacy advocates argue that it's not necessary to track people to perform the purpose of a site (like, displaying news items). Publishers argue that it's necessary to track and display ads in order for the business to be sustainable, without which they cannot continue serving news (+ ads). I guess we'll have to wait and see what the courts have to say about this. Maybe publishers have will have to show how much their revenue suffers if they stop tracking. Another consideration is the demand for "privacy by design and default" (https://gdpr-info.eu/art-25-gdpr/ https://gdpr-info.eu/art-25-gdpr/). It might be hard to argue that business built on tracking users fulfills the criteria for that.