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Collecting data might well be acceptable with the GDPR. However what makes it legal isn't if it is written in the TOS or in a cookie banner. AFAIK what matte
by eitland 6y ago
Collecting data might well be acceptable with the GDPR.
However what makes it legal isn't if it is written in the TOS or in a cookie banner.
AFAIK what matters is either:
- if you have a specific, valid (according to the GDPR) reason,
- or if you have the users free and informed consent.
... and yes, I think a number of the things I still see on the web is not OK:
- dark pattern where if you click manage settings everything is opted out, but there's a big green "Accept everything" and a small bland "Confirm my choices"? Doesn't fly because the rule that it should be equally easy to opt out.
- Cookie banners with no real opt out? No way.
- Cookie banners where you have to deselect 927 "partners"? Also no way.
The only ones that seems legal are those who either uses a pure minimum of cookies for preserving state and those allow one to opt out directly but inform you that ads might become less relevant.