2 ms·

If you don't click on anything then you are gated from the service. The service provider may not impose obstacles to using the service without providing consent

If you don't click on anything then you are gated from the service. The service provider may not impose obstacles to using the service without providing consent that are not present when providing consent.

rjsw 1y ago
The GDPR just requires that if a service provider wants to process personal data then it has to follow certain rules. I don't think it prevents that service provider from restricting access to their service in some way, that is just outside the scope of this law.
- snackbroken 1y ago
  Sure, if you want to restrict access to your service or plaster your website with annoying pop-ups just for fun, the law doesn't cover that. It only cares about this in the context of processing personal data. Essentially: If you wish to process personal data on the basis of consent, then the consent must be freely given, and consent is not freely given if you engage in coercive or deceptive practices, which includes providing a consent form that has an "accept all" option but no "reject all" option. Here's the relevant text of the regulation: > 1. Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data. > 2. If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding. > 3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent. > 4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.

rjsw 1y ago

The GDPR just requires that if a service provider wants to process personal data then it has to follow certain rules. I don't think it prevents that service provider from restricting access to their service in some way, that is just outside the scope of this law.

snackbroken 1y ago
Sure, if you want to restrict access to your service or plaster your website with annoying pop-ups just for fun, the law doesn't cover that. It only cares about this in the context of processing personal data. Essentially: If you wish to process personal data on the basis of consent, then the consent must be freely given, and consent is not freely given if you engage in coercive or deceptive practices, which includes providing a consent form that has an "accept all" option but no "reject all" option. Here's the relevant text of the regulation: > 1. Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data. > 2. If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding. > 3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent. > 4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.