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All the GDPR guidance says it should be opt-in (not pre-checked) eg: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/a-guide-to

All the GDPR guidance says it should be opt-in (not pre-checked) eg: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/a-guide-to-lawful-basis/lawful-basis-for-processing/consent/ https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-re...

sph 3y ago
Given how commonplace that dark pattern is, I don't think our government agencies do a great job at enforcing GDPR.
- Nextgrid 3y ago
  Same thing with data processing consent popups/cookie banners. The vast majority of them aren’t compliant (the GDPR bans tricking/annoying people into granting consent), but are able to proliferate because it’s not enforced anywhere near enough.
JeffSnazz 3y ago
Doesn't really matter when emails are sold on an open market outside the EU/UK.
kawsper 3y ago
In Denmark there's a loophole to the regulation. The opt-out rule requires that what is wanted to be marketed to a customer is corresponding products or services to what they have bought. There are four basic conditions to be able to make use of the opportunity to market products without consent to existing customers. All four conditions must be fulfilled, cf. the Marketing Act § 10, subsection 2: 1) During a previous purchase, the customer has himself provided his email to the vendor, 2) The customer must be informed that the email may be used for advertising in the future, 3) The customer must have the opportunity to opt out of email marketing/advertising on it time when the email was disclosed to the vendor, and 4) The customer must have the opportunity to opt out of receiving email marketing at all times subsequent inquiries from the vendor. "Corresponding products" are defined as: - It must be products that the vendor itself sells. - There must be a connection between the first purchase and the subsequent purchases marketed products, but the products do not have to be identical. - Corresponding "product groups" are covered by the option.
iamacyborg 3y ago
That’s not true. https://ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/guide-to-pecr/electronic-and-telephone-marketing/electronic-mail-marketing/#softoptin https://ico.org.uk/for-organisations/direct-marketing-and-pr...

sph 3y ago

Given how commonplace that dark pattern is, I don't think our government agencies do a great job at enforcing GDPR.

Nextgrid 3y ago
Same thing with data processing consent popups/cookie banners. The vast majority of them aren’t compliant (the GDPR bans tricking/annoying people into granting consent), but are able to proliferate because it’s not enforced anywhere near enough.

JeffSnazz 3y ago

Doesn't really matter when emails are sold on an open market outside the EU/UK.

kawsper 3y ago

In Denmark there's a loophole to the regulation. The opt-out rule requires that what is wanted to be marketed to a customer is corresponding products or services to what they have bought. There are four basic conditions to be able to make use of the opportunity to market products without consent to existing customers. All four conditions must be fulfilled, cf. the Marketing Act § 10, subsection 2: 1) During a previous purchase, the customer has himself provided his email to the vendor, 2) The customer must be informed that the email may be used for advertising in the future, 3) The customer must have the opportunity to opt out of email marketing/advertising on it time when the email was disclosed to the vendor, and 4) The customer must have the opportunity to opt out of receiving email marketing at all times subsequent inquiries from the vendor. "Corresponding products" are defined as: - It must be products that the vendor itself sells. - There must be a connection between the first purchase and the subsequent purchases marketed products, but the products do not have to be identical. - Corresponding "product groups" are covered by the option.

iamacyborg 3y ago

That’s not true. https://ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/guide-to-pecr/electronic-and-telephone-marketing/electronic-mail-marketing/#softoptin https://ico.org.uk/for-organisations/direct-marketing-and-pr...