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IANAL, but.... you only need consent if it isn't required for your business to function. If you need to track to maintain your trademark, couldn't you argue an
by bcrosby95 1y ago
IANAL, but.... you only need consent if it isn't required for your business to function. If you need to track to maintain your trademark, couldn't you argue any business with a trademark needs to track users?
I'm sure it wouldn't work in a real court, but it sounds funny in my head.
- cantalopes 1y agoYou still need a consent
- freehorse 1y agoIf it is based on legitimate interest, under gdpr you don't.
- layer8 1y agoYou are required to inform the affected users, however.
- aforwardslash 1y agoLegitimate interest of the user, not yours. Rule of thumb, if its not a legal requirement, you need consent.
- d1sxeyes 1y agoThat’s not true. From the law as written: > legitimate interests pursued by the controller or by a third party… There are six lawful bases for processing, consent is only one of them.
- aforwardslash 1y ago"legitimate interests" are subject to interpretation on purpose; either legitimate interests on a given instance are lawful, or you're better off relying on consent, since your interpretation and the regulator's interpretation may be different. Check page 7 of https://www.edpb.europa.eu/system/files/2024-10/edpb_guidelines_202401_legitimateinterest_en.pdf https://www.edpb.europa.eu/system/files/2024-10/edpb_guideli...
- d1sxeyes 1y agoWhat's 'legitimate' and what isn't is up for interpretation, but the question of whose interests is clear in the text of the GDPR itself, and it's the controller's (or a third party's) interests which could form the basis of lawful processing. Interestingly, the GDPR specifically does not include 'benevolent' processing (i.e. processing for legitimate interests of the user) as a lawful basis.