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by whimsicalism
1050 days ago
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Fair enough, these decisions are recent and are in conflict with other decisions in other countries around the GDPR as well as past guidance from European regulators (the EDPB explicitly said that this was not allowed in 2020). I also don't think you can really say with a straight face that this is a decision that a company like Meta could comfortably rely on, the regulatory uncertainty here is still extremely high. It also requires a court to decide that your fee is a “reasonable” one and you cannot just refuse access outright - you must make your content available to the non-consenting user. Regardless, all of this will be illegal anyways once the DMA comes into effect. And I still think, national exceptions aside, that my description of the current state of EU law was accurate: "The prevalent regulatory approach in Europe is that currently advocated by the European Data Protection Board ('EDPB') in its Guidelines 05/2020 on Consent under Regulation 2016/679 whereby the EDPB provides in no uncertain terms that '[i]n order for consent to be freely given, access to services and functionalities must not be made conditional on the consent of a user to the storing of information, or gaining of access to information (paragraph 39 of the Guidelines)'." [0] [0]: https://www.dataguidance.com/opinion/france-cnil-opens-door-.... |
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