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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 eve
by 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.