Re:Only 9% of visitors give GDPR consent to be tracked
by hvidgaard on Tuesday July 07, 2020 @06:05AM
(#23757485)
I'm pretty sure GDPR states that it must be opt-in in a non deceiving manner.
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Re:Only 9% of visitors give GDPR consent to be tracked
by emn13 on Tuesday July 07, 2020 @08:55AM
(#23758686)
Exactly; that's the point. An opt in that is coercive is not a valid grounds for holding personal data, ergo, that data is held illegally and subject to enforcement by a data-protection authority. Doesn't matter if everyone clicked yes.
A coercive opt-in isn't so much illegal; it's simply void. Having a coercive opt-in would be fine yet weird (as I understand it) if you then proceeded to only retain and process personal information to the extent you would be permitted without the opt-in. (IANAL, and only as far as the GDPR is concerned, perhaps if it's misleading enough that violates some fraud statutes somewhere, but that's a different issue).