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Exactly. Consent must be freely given to be valid under GDPR. Here is some analysis on what this means by the European Data Protection Board:[0] “ 3.1 Free / f
by pieno 6y ago
Exactly. Consent must be freely given to be valid under GDPR. Here is some analysis on what this means by the European Data Protection Board:[0]
“ 3.1 Free / freely given12
13. The element “free” implies real choice and control for data subjects. As a general rule, the GDPR prescribes that if the data subject has no real choice, feels compelled to consent or will endure negative consequences if they do not consent, then consent will not be valid.13 If consent is bundled up as a non-negotiable part of terms and conditions it is presumed not to have been freely given. Accordingly, consent will not be considered to be free if the data subject is unable to refuse or withdraw his or her consent without detriment.14 The notion of imbalance between the controller and the data subject is also taken into consideration by the GDPR.”
[0] https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_guidelines_202005_consent_en.pdf https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_gui...