4 ms·
> Notice it says “should”, not shall. Does this mean consent is technically optional? What is their definition of informed, affirmative, or agreement? It looks
by seabass-labrax 2y ago
> Notice it says “should”, not shall. Does this mean consent is technically optional? What is their definition of informed, affirmative, or agreement?
It looks like you are reading from the preamble, not the provisions. The purpose of the preamble is to describe the general intent behind the regulation or directive, not the technical requirements themselves. When national regulators of member states create the laws that are legally-binding within their jurisdictions, they might refer to the preamble to check that the spirit of the law is compatible with the original European text. The preamble can also inform judges in the situation that a case is taken to one of the European Union's courts. When one finally gets to the provisions, there's even more introductory text, but it's a lot more terse than the preamble.