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Car dealer - GDPR breach.

2»

Comments

  • #32
    Captain_Crash
    Registered Users, Registered Users 2 Posts: 2,812 ✭✭✭Captain_Crash


    dudara wrote: »
    GDPR requires informed consent, in other words you must explicitly opt-in. A pre-ticked box does not meet GDPR requirements, neither does a “tick here to not receive marketing communications”.


    With GDPR, Auto Opt in is permitted if the marketing material is related to the product/service you have purchased ect. So if for instance you buy a screwdriver online, you can be auto opted in to receive marketing material telling you about a new version of the screwdriver, but you cant be opted in to receive marketing information for a spanner that would work well with the screwdriver.


  • #33
    ArrBee
    Registered Users, Registered Users 2 Posts: 830 ✭✭✭ArrBee


    It's not a citron is it? :P


  • #34
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Sandra CoolS Shot-putter wrote: »
    Nonsense. If the initial consent was valid, there is no requirement to re-affirm it.

    In relation to electronic marketing related to a product you bought yes there is, consent is only valid for 12 months.


  • #35
    nim1bdeh38l2cw
    Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    GM228 wrote: »
    I'm afraid not, when somebody buys a product they must be given the choice to opt out when electronic marketing is involved, they don't have to be given an opt in only.

    This is covered under the ePrivacy Directive itself (via the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011), as it is provided for in the Directive it overrides the provisions of GDPR because it is a specific provision of GDPR that where matters are provided for in the ePrivacy Directive then the general provisions of GDPR does not apply. The only issue is however they can only do this for 12 months after purchase, the OP bought in 2016 so there is indeed a GDPR issue now.

    There is a lot of mis-information and misconceptions concerning GDPR and DP in general.

    You are spreading this misinformation. A Regulation overrules a Directive, not the other way around.


  • #36
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Sandra CoolS Shot-putter wrote: »
    You are spreading this misinformation. A Regulation overrules a Directive, not the other way around.

    Not always, some Regulations (just like the GDPR) have relationship clauses.

    It's an area of law I deal with, I suggest you read Article 95 of the GDPR Regulation:-

    https://eur-lex.europa.eu/eli/reg/2016/679/oj
    Article 95

    Relationship with Directive 2002/58/EC

    This Regulation shall not impose additional obligations on natural or legal persons in relation to processing in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.

    GDPR does not impose any additional obligations over that which are already provided for by the ePrivacy Directive and this matter is already provided for by the Directive so it trumps the Regulation.

    Also, here's a thread we discussed this in the Legal Discussion forum, the Data Protection Commission confirmed this very point to the OP:-

    https://www.boards.ie/vbulletin/showthread.php?t=2057918695


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