On Tue, May 29, 2018 at 02:50:09PM +0200, Simon Forster wrote:
Would you be able to point to the section of the GDPR which states this? Admission: I have yet to make it to the end of the 88 pages of the act without falling asleep.
It derives (also the tenor of NOYB's filing, aiui) from Article 7(4): "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." http://www.privacy-regulation.eu/en/article-7-conditions-for-consent-GDPR.ht... cheers, Sascha Luck
The first case regarding this has already been filed: https://www.irishtimes.com/business/technology/max-schrems-files-first-cases... <https://www.irishtimes.com/business/technology/max-schrems-files-first-cases-under-gdpr-against-facebook-and-google-1.3508177> I appreciate a motion has been filed. However, I’d surprised if the case purely revolved around this single point.
It is positive that some of this stuff is going to be tested in court sooner rather than later. Having said that, it may be <sarcasm> a day or two </sarcasm> before we get to see a final judgement with no further appeals.
All the best
Simon