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Also not allowed. Consent must be freely given “Freely given” consent essentially means you have not cornered the data subject into agreeing to you using thei

Also not allowed. Consent must be freely given “Freely given” consent essentially means you have not cornered the data subject into agreeing to you using their data. For one thing, that means you cannot require consent to data processing as a condition of using the service. They need to be able to say no. https://gdpr.eu/gdpr-consent-requirements/ https://gdpr.eu/gdpr-consent-requirements/

filleokus 3y ago
I've always thought that's a bit weird. I think companies ought to be able to give the customer a choice of "paying" either by consenting to spying or by coughing up some cash.
- PeterisP 3y ago
  The whole idea of unalienable rights (which in ECHR includes privacy) is that you can't "alienate" them by signing them away in a contract. It's just like any contractual clause that would sell yourself in indentured slavery or oblige you to make sexual favors is automatically void, since consent to these things is not something you can sell, you can change your mind about these things at any time no matter what contracts you've signed, because they can't be binding for that.
  - bloak 3y ago
    (It doesn't matter for the point you're making, but in Germany a contract to supply sexual services is legally enforceable, just like a contract to supply any other kind of service.)
    - PeterisP 3y ago
      That's interesting, I'm not a lawyer, but the way I understand the German Prostitutionsgesetz, it makes sexual services legitimate part of the financial contract - so both parties may be entitled to payment or compensation in various disputes, however, it still doesn't allow "sale" of future consent, it does not imply that the customer has a claim for the specific performance of some service, or that the provision of the service is enforceable; such consent may still be withdrawn at any time, though it may legally result in a claim for e.g. refund of any prepayment for the service.
- rcMgD2BwE72F 3y ago
  No. Just like no company can purchase my kidneys. I can donate them, and hospitals can transplant them, no problem. But they are not for sell. We know what is being done with human organs when it's on the market for profit. Nothing good. Idem with privacy (especially when your personal data encompass other's: contact details, emails, photos, etc).
nottheengineer 3y ago
A lot of german news websites have cookie banners where the options are accept and subscribe to deny. The argument is that denying doesn't prevent you from acessing the site. I recall there's precedent for this being legal, but I can't seem to find it. Search engines have really gone down the drain lately.
- paradoja 3y ago
  This is the "Pay or okay" model that some sites in Austria and Germany have ( https://noyb.eu/en/pay-or-okay-beginning-end https://noyb.eu/en/pay-or-okay-beginning-end and other updates from NOYB talk about the issue). I've also seen a Spanish site with this, but as far as I know it has only been accepted by Austrian and German authorities (and challenged recently by some courts).

filleokus 3y ago

I've always thought that's a bit weird. I think companies ought to be able to give the customer a choice of "paying" either by consenting to spying or by coughing up some cash.

PeterisP 3y ago
The whole idea of unalienable rights (which in ECHR includes privacy) is that you can't "alienate" them by signing them away in a contract. It's just like any contractual clause that would sell yourself in indentured slavery or oblige you to make sexual favors is automatically void, since consent to these things is not something you can sell, you can change your mind about these things at any time no matter what contracts you've signed, because they can't be binding for that.
- bloak 3y ago
  (It doesn't matter for the point you're making, but in Germany a contract to supply sexual services is legally enforceable, just like a contract to supply any other kind of service.)
  - PeterisP 3y ago
    That's interesting, I'm not a lawyer, but the way I understand the German Prostitutionsgesetz, it makes sexual services legitimate part of the financial contract - so both parties may be entitled to payment or compensation in various disputes, however, it still doesn't allow "sale" of future consent, it does not imply that the customer has a claim for the specific performance of some service, or that the provision of the service is enforceable; such consent may still be withdrawn at any time, though it may legally result in a claim for e.g. refund of any prepayment for the service.
rcMgD2BwE72F 3y ago
No. Just like no company can purchase my kidneys. I can donate them, and hospitals can transplant them, no problem. But they are not for sell. We know what is being done with human organs when it's on the market for profit. Nothing good. Idem with privacy (especially when your personal data encompass other's: contact details, emails, photos, etc).

nottheengineer 3y ago

A lot of german news websites have cookie banners where the options are accept and subscribe to deny. The argument is that denying doesn't prevent you from acessing the site. I recall there's precedent for this being legal, but I can't seem to find it. Search engines have really gone down the drain lately.

paradoja 3y ago
This is the "Pay or okay" model that some sites in Austria and Germany have ( https://noyb.eu/en/pay-or-okay-beginning-end https://noyb.eu/en/pay-or-okay-beginning-end and other updates from NOYB talk about the issue). I've also seen a Spanish site with this, but as far as I know it has only been accepted by Austrian and German authorities (and challenged recently by some courts).