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by jen20 2513 days ago
Quite: far too many people equate the "consent" basis for holding data as the _only_ basis for holding data. It is not, and and compliance with other laws is also a valid reason which _cannot be overridden by withdrawal of consent_.
1 comments

Sure, but if we're talking about data usage for marketing and targeted ads, then generally consent would be the only basis that can apply.

If you have a legitimate basis to collect and store personal data for some purpose X, then that doesn't allow you to use the data you collected and stored for anything else - if you want to use the same data for some other purpose (like targeting ads or given them to your "partners" to target ads), then you need consent; and if you give them to your "partners" to allegedly execute that legal need X but it turns out that they're using it to target ads or reselling data, then you're liable for that.

Sure, but if we're talking about data usage for marketing and targeted ads, then generally consent would be the only basis that can apply.

That's debatable. The GDPR itself explicitly notes [Recital 47] that even direct marketing can constitute a legitimate interest.

However, there are specific provisions for that case, particularly the explicit provision [Article 21, para 3] that if the data subject objects to processing for direct marketing purposes then that is black and white and that processing must be stopped.