[matheusmoreira]

> users are giving consent when they signup

Questionable. I guarantee the vast majority of users don't even read the massive legalese text walls companies show them before they sign up. Usability studies have shown that people don't even read small error messages, they just want to get rid of the annoying message as quickly as possible. The few of them that actually do read these things probably won't have the foggiest idea what any of it means or the risks associated with the breach of their privacy. So how could this be real informed consent?

Of course, we also have sites where this document is not shown at any time and can only be reached through a link buried in the page's footer. Sites that just write whatever terms they want into this hidden page and then say everyone is agreeing with it by virtue of using the site.

[Nextgrid]

A legalese wall or a banner saying "by using this site you agree to ..." is not GDPR-compliant anyway: https://ico.org.uk/for-organisations/guide-to-data-protectio...

Under the GDPR, any non-essential data processing (analytics, ads, marketing, etc falls into that) should be opt-in and dark patterns like pre-ticked checkboxes are not allowed.

[Silhouette]

Under the GDPR, any non-essential data processing (analytics, ads, marketing, etc falls into that) should be opt-in

This isn't strictly true. Consent is only one lawful basis for processing under GDPR, and it comes with a lot of strings attached that other bases don't necessarily have, which is why so many lawyers and consultants were recommending against relying it unless it was the only way during the mad rush to GDPR compliance a few years back.

In particular, even some of the regulators have themselves indicated that marketing might be a legitimate interest of a business. Obviously the details matter here, and handing personal data over to third parties like Facebook without their knowledge or consent seems materially different to, for example, the original business sending a relevant email about a new product that is related to something that the recipient already bought from them. Time will tell how the regulators decide to handle this.

[GoblinSlayer]

That's the problem, that spam is business interest, not the customer interest.