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In France, we're starting to see sites where they give you two options: 1) accept advertising/tracking cookies 2) pay a monthly subscription I've seen this o

by dmayle 5y ago

In France, we're starting to see sites where they give you two options: 1) accept advertising/tracking cookies 2) pay a monthly subscription I've seen this on AlloCiné (French IMDB), and "aufeminen" which is a random forum that a Google search led me to.

kybernetikos 5y ago
I believe that this is likely not GDPR compliant, although this view doesn't seem to be shared by many. My basis for saying it's not is https://www.privacy-regulation.eu/en/recital-43-GDPR.htm https://www.privacy-regulation.eu/en/recital-43-GDPR.htm > 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. I take this to mean that you cannot rely on consent that a user has given you to process their personally identifiable information if they did it in order to access a service you wouldn't let them have access to otherwise.
- toffi-fee 5y ago
  But the provision of the service is not made dependent on the consent if you can alternatively pay the monthly subscription. So I would assume, “accept all cookies or enter paid subscription” is Gdpr compliant.
  - kybernetikos 5y ago
    > Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment. https://gdpr.eu/Recital-42-Burden-of-proof-and-requirements-for-consent/ https://gdpr.eu/Recital-42-Burden-of-proof-and-requirements-... I think having to pay a monthly subscription, or losing access to a service when you withdraw consent and don't pay a subscription should be regarded as a detriment.
tomcooks 5y ago
I ban the domains that do these kinds of things, and forget about them forever. It's at the cost of my experience online and convenience, but freedom is never convenient.

by dmayle 5y ago

kybernetikos 5y ago

I believe that this is likely not GDPR compliant, although this view doesn't seem to be shared by many. My basis for saying it's not is https://www.privacy-regulation.eu/en/recital-43-GDPR.htm https://www.privacy-regulation.eu/en/recital-43-GDPR.htm > 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. I take this to mean that you cannot rely on consent that a user has given you to process their personally identifiable information if they did it in order to access a service you wouldn't let them have access to otherwise.

toffi-fee 5y ago
But the provision of the service is not made dependent on the consent if you can alternatively pay the monthly subscription. So I would assume, “accept all cookies or enter paid subscription” is Gdpr compliant.
- kybernetikos 5y ago
  > Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment. https://gdpr.eu/Recital-42-Burden-of-proof-and-requirements-for-consent/ https://gdpr.eu/Recital-42-Burden-of-proof-and-requirements-... I think having to pay a monthly subscription, or losing access to a service when you withdraw consent and don't pay a subscription should be regarded as a detriment.

tomcooks 5y ago

I ban the domains that do these kinds of things, and forget about them forever. It's at the cost of my experience online and convenience, but freedom is never convenient.