[xg15]

> 1. Suppose that the data is used to pay for keeping the site afloat? Does that make it essential?

IANAL, but intuitively, I'd say no.

In a technical sense, it's not essential: Even if your whole income is based on data reselling, your site wouldn't instantly become unusable the moment you can't collect any user data anymore. (Unless you deliberately make it so, but then that's your decision and not a technical necessity)

Yes, you will operate at a loss, but that is your problem as a business. It doesn't have anything to do with your ability to perform the service.

In a more general sense, basing your business model on data collection is your decision. There are other ways to make money on the internet. So if you have the option of finding other sources of funding, it's not "essential".