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by seydor 1268 days ago
According to gdpr they must still offer the same service regardless of the user opt-in. Remains to be seen if FB can follow the GDPR there. Also not sure whether that point of GDPR is compatible with other kinds of trade agreements.

Probably they will go for "Please choose between 50 horrible autoplaying spammy ads or 4 personalized"

1 comments

But wouldn't different ads be a different service?
Doubt, as long as the content is the same
No, under GDPR you can't coerce a user into give up their privacy in order to receive the service for free.

If they offer the service for free, the tracking still need to be opt in.

"But wouldn't different ads be a different service?" meaning wouldn't serving more annoying ads to the free tier be such coercion?
If this was true, every major German news website would violate the GDPR because that's exactly what they do. Can you cite the relevant GDPR article?
Those websites are in violation of the GDPR. Article 7 item 4:

“When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.”

This basically means that if providing the service is made conditional on consent of personal data processing despite the processing not being necessary for the service, then the consent can’t really be considered to be freely given.

That's a misconception. "Provision of a service" only means paid services and doesn't apply to websites offering content for free.