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by manigandham 2592 days ago
Not sure what that example is trying to show.

A company that requires ads and data to pay for the service cannot be forced to provide that service without those ads and data at no cost to a user. The choice is freely given as a user by not giving consent to data, which means the site doesn't offer the service.
1 comments
pbhjpbhj 2592 days ago
>cannot be forced to provide that service without those ads and data at no cost to a user. //

AIUI the GDPR means you can't exclude users on the basis of their willingness to give up PII. So you're going to need to charge everyone. You can probably refund those who do give your PII, or pay them for it in a more direct way. But you can't offer a service where the only differentiator between access and denial of service is "give us your PII"?

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manigandham 2592 days ago
The PII is necessary to pay for the content. If you don't give consent then they can't process the data and cant offer you the service. Necessary requirements are allowed under GDPR.

GDPR can prevent extraneous data capture but it can't force companies to provide services without compensation.

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pbhjpbhj 2592 days ago
When you go to the shop and buy a book, do they ask for PII instead of money? It doesn't seem necessary, just the particular way that people have chosen to do things to hide their taking of payment.
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manigandham 2592 days ago
When you go to the library and check out a book, do they ask for money instead of PII?

A business is free to choose their compensation model. Your choice is to not engage if you don't want it, not to demand it for free regardless.

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NeedMoreTea 2592 days ago
The fact remains that the law states you may not do that, and that you must provide the same service - if it's provided "free" with data gathering - without that personal data gathering for those who don't wish to opt-in, and if memory serves not in a degraded manner.

Continue to do so and face the possible consequences, close doors or leave the market, or find an alternative way. Just as happens with other laws.

Businesses are not completely free to choose their compensation model - many places have long standing laws against unreasonable rates of interest or other illegal terms, discrimination etc. This is just another more recent limit.

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Thiez 2592 days ago
> A business is free to choose their compensation model.

But they are not. Your compensation model generally cannot include such things as slavery, child labour, prostitution... Many places place limits on the amount of interest that may be charged on a loan.

A business is free to choose their compensation model within the confines of what the law allows. In case of the GDPR it disallows paying through PII. Thus a business is not free to choose this model.

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manigandham 2592 days ago
But the law does allow for ads as payment. GDPR only regulates consent and privacy, not business models, and absolutely allows for PII as payment as long as consent is obtained and data is secure.

However it can't force a company that requires data to be processed for a service to still provide that service when the data is not consented to. That is impossible without breaking the very law that prevents it.

This whole thread is just people refusing that data can be necessary for the service, which is fine if that's your interpretation, but not what major law firms actually agree on and it's certainly not going to hold up in court.

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