Re:Unroll.me to close to EU users saying it can’t comply wit...
by dogma1138 on Saturday May 05, 2018 @08:49PM
(#17004723)
I suggest you read the GDPR or even go through the ICO guided tools first.
The anecdotal examples are you bring are irrelevant.
If anything than because you can actually do that under the GDPR: "The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest."
The problem that this has to be evaluated against "the interests or the fundamental rights and freedoms of the data subject are not overriding, taking into consideration the reasonable expectations of data subjects based on their relationship with the controller."
This is more or less going to be open to the interpretation of the DPA and your local EU memberstate laws, the problem is that non-EU entities don't get a DPA, their legal system isn't part of the decision making and they are now open to 28 different interpretations byu 28 different regulators (DPA in each EUMS) and 28 different legal systems.
If anything than because you can actually do that under the GDPR: "The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest."
The problem that this has to be evaluated against "the interests or the fundamental rights and freedoms of the data subject are not overriding, taking into consideration the reasonable expectations of data subjects based on their relationship with the controller."
This is more or less going to be open to the interpretation of the DPA and your local EU memberstate laws, the problem is that non-EU entities don't get a DPA, their legal system isn't part of the decision making and they are now open to 28 different interpretations byu 28 different regulators (DPA in each EUMS) and 28 different legal systems.