News for hackers. Stuff that matters.

A comment on Facebook's GDPR consent bypass reaches Austrian Supreme Court. Parent comment

Re:Facebook's GDPR consent bypass reaches Austrian Supreme C... by bildung on Monday March 15, 2021 @08:23AM (#26465145)
In German law that would, as a default, actually make the whole contract void, yes. Many contracts therefore contain a clause that hedges against that situation (i.e. something like "if one or more of these items is found void, the rest still applies")
[ Parent | on HN ]
Re:Facebook's GDPR consent bypass reaches Austrian Supreme C... by jdmichal on Monday March 15, 2021 @12:39PM (#26468207)
Specifically, the idea of a voided clause voiding the entire contract is sometimes a feature -- severability is not always desired. A simplistic example would be a contract with two clauses, one specifying that A sends B widgets, and the other specifying that B sends A money. You would not want those to clauses to be severable.
[ Parent | on HN ]
Re:Facebook's GDPR consent bypass reaches Austrian Supreme C... by majewsky on Monday March 15, 2021 @08:41AM (#26465341)
The legal term for this is "severability clause": https://en.wikipedia.org/wiki/Severability ("salvatorische Klausel" in German)
[ Parent | on HN ]