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"Will my data be used for AI model training and improvement? If you have given contractual consent, we may use your data to train DocuSign's in-house, propriet

"Will my data be used for AI model training and improvement? If you have given contractual consent, we may use your data to train DocuSign's in-house, proprietary AI models. Your data will be anonymized and de-identified before model training." This seems to be opt-in? Am I missing something?

KennyBlanken 3y ago
"Contractual consent" != "opt in." That just means you clicked "I agree" at the end of 10 pages of legalese.
buzer 3y ago
Doesn't "contractual consent" simply mean that it was part of the contract, likely adhesion one? In their privacy policy (https://www.docusign.com/privacy https://www.docusign.com/privacy) they say their lawful basis is "Consent (where required under applicable law)" which certainly sounds like if applicable law doesn't require it they would be use it without consent.
neilv 3y ago
Does "contractual consent" necessarily mean conscious opt-in? I'd suspect it can mean some some clause buried in contract document. Also, it's some party's interpretation of that clause, not what some other party understood it to mean. However, in this particular case, maybe most relevant is that I'd assume Docusign is facing a lot of corporate lawyers among its customers. So I'd guess the company can't get away with behaving like a stereotypical sketchy startup, towards its customers, and I'm sure Docusign has legal advisors who would tell them that if they ever needed to be told.
szundi 3y ago
Probably it is in the terms and conditions, so =yes
shortsunblack 3y ago
There is no such thing as "contractual consent". Consent under GDPR cannot be "contractually" given as part of a blanket clause in a contract. It requires criterion like informed, easily retractable, uncoerced, etc. GDPR also has the concept of a "contractual necessity". A legal basis where data must be processed for the performance of a contrast. So say, you buy a t-shirt from an American online store and they need to process your shipping address. That's contractual necessity. They seem to be mixing the two into "contractual consent", as if you are able to consent in a contract. Under GDPR, you can't! In no other contexts can there be a more legible interpretation.

KennyBlanken 3y ago

"Contractual consent" != "opt in." That just means you clicked "I agree" at the end of 10 pages of legalese.

buzer 3y ago

Doesn't "contractual consent" simply mean that it was part of the contract, likely adhesion one? In their privacy policy (https://www.docusign.com/privacy https://www.docusign.com/privacy) they say their lawful basis is "Consent (where required under applicable law)" which certainly sounds like if applicable law doesn't require it they would be use it without consent.

neilv 3y ago

Does "contractual consent" necessarily mean conscious opt-in? I'd suspect it can mean some some clause buried in contract document. Also, it's some party's interpretation of that clause, not what some other party understood it to mean. However, in this particular case, maybe most relevant is that I'd assume Docusign is facing a lot of corporate lawyers among its customers. So I'd guess the company can't get away with behaving like a stereotypical sketchy startup, towards its customers, and I'm sure Docusign has legal advisors who would tell them that if they ever needed to be told.

szundi 3y ago

Probably it is in the terms and conditions, so =yes

shortsunblack 3y ago

There is no such thing as "contractual consent". Consent under GDPR cannot be "contractually" given as part of a blanket clause in a contract. It requires criterion like informed, easily retractable, uncoerced, etc. GDPR also has the concept of a "contractual necessity". A legal basis where data must be processed for the performance of a contrast. So say, you buy a t-shirt from an American online store and they need to process your shipping address. That's contractual necessity. They seem to be mixing the two into "contractual consent", as if you are able to consent in a contract. Under GDPR, you can't! In no other contexts can there be a more legible interpretation.