3 ms·
I also find this confusing. Article 7 says > When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performa
by conistonwater 6y ago
I also find this confusing. Article 7 says
> 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.eu/article-7-how-to-get-consent-to-collect-personal-data/ https://gdpr.eu/article-7-how-to-get-consent-to-collect-pers...
So it does sound to me like you can't tie data sharing to provision of service because then consent is not freely given.
Also:
> Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance. https://gdpr.eu/Recital-43-Freely-given-consent https://gdpr.eu/Recital-43-Freely-given-consent
I think this means that even if Grindr obtains consent the way they do, it's still not freely given consent so even having obtained it they still don't have permission to use the data the way they want, since only freely given consent counts as consent. But I'm not sure, maybe it's more complicated.