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by Joeri
1176 days ago
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Offering opt-out is odd from a GDPR standpoint. If the next.js project is collecting ip addresses together with this info they are processing personal data under GDPR. They need to do so under one of the 6 bases for processing, which in their case is either consent or legitimate interest. If consent, opt-in is required and opt-out is a violation. If legitimate interest then opt-out is alright and in fact not even required, but they have a high bar for clearing that standard, especially since opt-out is offered (which somewhat disproves the claim of legitimate interest). I assume the project is in non-compliance and one complaint to a regulatory authority away from a proceeding that may lead to a fine if they don’t switch to an opt-in model. |
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That said, I'm not sure if consent or legitimate interest are the only potentially applicable bases. Knowing when the software breaks so you can fix it seems like it might be in the data subject's interest. And if it's not PII (which I'm not sure it's not, given that an IP address can be exposed, even if not logged), those bases aren't even necessary.