Comment

Comment by currysausage

The omnipresent "Please accept our privacy policy (or leave)" is worthless cargo cult GDPR pseudo-compliance. If it's neither freely given nor informed, it's not consent under GDPR.

See Art. 7: "When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract."

See Recital 32: "Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data ... This could include ticking a box when visiting an internet website ... Silence, pre-ticked boxes or inactivity should not therefore constitute consent."

If you want to use external tracking and be GDPR-compliant, you must offer a clear choice ("yes/no") and you must not use pre-ticked boxes (i.e. an opt-out approach).

Please feel free to downvote this if you don't like it, but I'm merely telling you what the law says. If you disagree factually, I'd appreciate a comment though.

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