4 ms·

Section 42 of GDPR: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679&qid=1647443821579 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri

Section 42 of GDPR: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679&qid=1647443821579 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A... 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. You need to be able to freely choose to not consent “without detriment”. Meta would like to argue the point, but I think it’s pretty clear, and they’ve lost everything so far.

poizan42 3y ago
A small correction - this is recital 42, not section 42. The part of the actual text that deals with consent is to be found in Article 7. The part in 7.4 is even broader * 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.* The way I interpret that is that requiring consent for tracking / data collection for marketing is pretty much always ruled out since it can never actually be necessary.