[anti-abuse-wg] GDPR - positive effects on email abuse

On Tue, May 29, 2018 at 02:50:09PM +0200, Simon Forster wrote:
>Would you be able to point to the section of the GDPR which states this? Admission: I have yet to make it to the end of the 88 pages of the act without falling asleep.

It derives (also the tenor of NOYB's filing, aiui) from Article
7(4):

"4. 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."

http://www.privacy-regulation.eu/en/article-7-conditions-for-consent-GDPR.htm

cheers,
Sascha Luck

>
>> The first case regarding this has already been filed:
>> https://www.irishtimes.com/business/technology/max-schrems-files-first-cases-under-gdpr-against-facebook-and-google-1.3508177 <https://www.irishtimes.com/business/technology/max-schrems-files-first-cases-under-gdpr-against-facebook-and-google-1.3508177>
>I appreciate a motion has been filed. However, I’d surprised if the case purely revolved around this single point.
>
>It is positive that some of this stuff is going to be tested in court sooner rather than later. Having said that, it may be <sarcasm> a day or two </sarcasm> before we get to see a final judgement with no further appeals.
>
>All the best
>
>Simon