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by scoom
2865 days ago
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The opt-out, is to navigate away and not use their service. Which matches the GDPR - if you need the data to create a contract - like 'we use your data in exchange for your use of our site' then you can keep it. > there’s not a lawful basis unless advertising-cookies are suddenly the enabling technology behind downloadable containers. Yes they are. Advertising cookies are how those downloadable containers are provided. That's an enabling technology. It wouldn't exist otherwise in the technology ghetto of the EU. |
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> The ‘consent’ is a condition of service
> If you require someone to agree to processing as a condition of service, consent is unlikely to be the most appropriate lawful basis for the processing. In some circumstances it won’t even count as valid consent. Instead, if you believe the processing is necessary for the service, the better lawful basis for processing is more likely to be that the “processing is necessary for the performance of a contract” under Article 6(1)(b). You are only likely to need to rely on consent if required to do so under another provision, such as for electronic marketing. It may be that the processing is a condition of service but is not actually necessary for that service. If so, consent is not just inappropriate as a lawful basis, but presumed to be invalid as it is not freely given. In these circumstances, you would usually need to consider ‘legitimate interests’ under Article 6(1)(f) as your lawful basis for processing instead.
And in regards to tracking specifically:
> You are also likely to need consent under ePrivacy laws for most marketing calls or messages, website cookies or other online tracking methods, or to install apps or other software on people’s devices.
[1] https://ico.org.uk/media/about-the-ico/consultations/2013551...