Re:Only 9% of visitors give GDPR consent to be tracked
by ohmaigad on Tuesday July 07, 2020 @10:36AM
(#23759699)
This really shouldn't be left to interpretation, both Article 7(4) and Recital 42 define what is "freely given consent" and in no way limits the actions i can take as a site owner. It is clear that a "cookie wall" isn't considered a "freely given consent" so you can't process personal data based on that.
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Re:Only 9% of visitors give GDPR consent to be tracked
by elliekelly on Tuesday July 07, 2020 @11:01AM
(#23759954)
Correct you can’t process personal data based on it. And the underlying implication is that none of the consent you’ve obtained via a cookie wall is valid because you haven’t given any users the opportunity to “refuse without detriment” (because their options are to consent or see nothing). So the information you’re processing on behalf of users who clicked “I agree” - even the users who do in fact knowingly and willingly agree to the information processing - might be lacking a legal basis.