[VBprogrammer]

Honestly, if this "loophole" is allowed to exist then the GDPR is not worth the paper it is written on.

The idea that consent should be freely given is ludicrous if it can be overridden by simply including it in a term in the terms and conditions. Facebook could probably write that they can kill or castrate the user at any time and most of their users wouldn't notice it (until the media picked it up).

[ComputerGuru]

In the United States time and again legal precedent has been set and reinforced that TOS is not a binding legal agreement but it’s somewhat of a grey area just what it actually is and what can and can’t be considered “fair warning” for being there. The American courts don’t really place a premium on privacy so that’s generally been summarily dispatched with and its ramifications ignored, but other jurisdictions clearly don’t feel the same.

[egdod]

There was a South Park episode about this... the human centipad.