Reply to post: Re: This will go nowhere in court...

Max Schrems is back: Facebook, Google hit with GDPR complaint

Jon 37

Re: This will go nowhere in court...

That's wrong. There have always been some things that can't legally be put in terms & conditions.

E.g. under long-standing UK law, a shop can't usually say "I'm selling you this stuff, but you have to agree there are no refunds, and if you don't agree then you can't buy it". That's because all consumers have the legal right to a refund if the product is not "of merchantable quality" or not "fit for purpose" or not "as described". If a shop tried that, and the product was faulty, the shop could still be sued for a refund and the shop would lose in court. The consumer's "agreement" not to get a refund was illegal and will not help the shop in court - in fact the shop may get punished for that illegal practice.

GDPR says that consumers can't be compelled to consent to unrelated uses of their data. So any consent purportedly gathered that way is invalid, and they can be sued for using the data without consent.

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