Abstract
Consent to a data processing operation is only valid if it is freely given, demanding a genuine and free choice by the data subject. If, however, contract performance depends on consent to an unrelated processing operation (e.g. for marketing) a voluntary agreement is unlikely. The prohibition of coupling contract fulfilment to consent to a different data processing operation is regulated in Art. 7 para. 4 GDPR. While the essence of this «Coupling Ban» is sufficiently clear – it must be possible to decline the processing of personal data for other objectives than the contract but still enter into the contract itself – the succinct formulation of the Coupling Ban leaves room for legal interpretation.
| Original language | English |
|---|---|
| Pages (from-to) | 117 - 124 |
| Journal | Jusletter IT |
| Publication status | Published - 2019 |
Austrian Classification of Fields of Science and Technology (ÖFOS)
- 505002 Data protection