3 ms·
+1 I find many in the tech space and especially in the business space struggle (with disturbing difficulty) with the idea of meaningful truely freely given con
by HeatrayEnjoyer 2y ago
+1
I find many in the tech space and especially in the business space struggle (with disturbing difficulty) with the idea of meaningful truely freely given consent. GDPR uses a mostly adequate definition[0]; with examples added:
1. Freely-given without penalty: Services cannot force you to accept by refusing or degrading service. Consent must be truly voluntary, a streaming platform that won’t let you sign up or only allows you to watch up to 1080p unless you share your data with ad partners, is illegal.
2. Allowed to change your mind after you've previously consented: Withdrawing consent must be as easy as giving it. If one click gave consent, a single click must remove it. Bullying by requiring you to mail a letter, call a phone number, or navigate endless menus is illegal under GDPR.
3. The company must show clear evidence that you were informed and knowingly agreed: For example, they can’t rely on a tiny pre-checked box hidden under layers of ToS or on vague "by using this service, you agree" language. Doing so is illegal. Even pre-ticking the agree box is illegal, the user must make an active choice.
4. Consent requests must use plain language and stand apart from the rest of the text: A single, prominent and clearly labeled statement "Do you agree to share your data with these marketing partners?" suffices. Burying it in 5 pages of legalese does not and is illegal.
5. Any part of a consent request that violates GDPR is itself automatically void: If part of the contract claims the company can ignore any future withdrawal, that part is invalid and illegal.
[0] https://gdpr.eu/article-7-how-to-get-consent-to-collect-personal-data/ https://gdpr.eu/article-7-how-to-get-consent-to-collect-pers...