3 ms·
No. It's explicitly set out in the GDPR that refusal to agree to the unnecessary collection of personal data must not be a reason to withhold service.
by mnw21cam 6y ago
No. It's explicitly set out in the GDPR that refusal to agree to the unnecessary collection of personal data must not be a reason to withhold service.
- sbarre 6y agoInteresting, thank you! I'll have to look that up further.. This seems remarkable (not right/wrong) to me, that a private non-essential enterprise can be forced to service a customer who does not agree to their terms of use.
- mnw21cam 6y agoThere is plenty of precedent. For instance, a private non-essential enterprise is not allowed to refuse service to a customer because they do not agree to never buy anything from their competitor.
- remus 6y agoI think we're making different points here. Where a company comes up with some terms that are illegal those particular clauses in the terms are unenforcable, but if the terms are within the law then they're the contract between you and the company, and both sides have to agree for the contract to be binding i.e. before the company will provide you the goods/service specified in the contract. If you don't agree to the terms then there's no agreement between you and the company, and the company is under no obligation to provide you with service.
- remus 6y agoI think this falls under the part where I said > (assuming the terms themselves are legal in the first place, for example they don't break anti-discrimination law) As you mentioned, GDPR explicitly states that you can't extort personal data from people by withholding service. However in the broader sense a company can refuse service if you don't agree to their terms.