Re:Publishers Haven't Realized How Big a Deal GDPR Is
by blowski on Sunday April 08, 2018 @03:45PM
(#16787924)
> consent cannot be a precondition for providing a service
IANAL.
This is more nuanced than it appears, as it is balanced against the firm's right to conduct business.
If you're generating leads by providing a whitepaper, then realistically you're not going to be penalised for saying "you need to consent to receive our newsletter to access this whitepaper".
On the other hand, an airline saying "you can only book a flight on our plane by consenting to us sharing everything we know about you with loads of third parties" would be frowned upon.
Our GDPR lawyer at least has advised not to ask for consent, since it is difficult to establish whether it was given, and has not been withdrawn. It's easier to rely on legitimate business use and NOT ask for consent, as long as it genuinely falls into that category.
Re:Publishers Haven't Realized How Big a Deal GDPR Is
by molf on Sunday April 08, 2018 @04:05PM
(#16788052)
I think we agree; it seems better to rely on legitimate interest than ask for consent for everything. (Although it does require thinking about and actually having a legitimate interest.)
IANAL.
This is more nuanced than it appears, as it is balanced against the firm's right to conduct business.
If you're generating leads by providing a whitepaper, then realistically you're not going to be penalised for saying "you need to consent to receive our newsletter to access this whitepaper".
On the other hand, an airline saying "you can only book a flight on our plane by consenting to us sharing everything we know about you with loads of third parties" would be frowned upon.
Our GDPR lawyer at least has advised not to ask for consent, since it is difficult to establish whether it was given, and has not been withdrawn. It's easier to rely on legitimate business use and NOT ask for consent, as long as it genuinely falls into that category.