10.08.09
D: Changes and amendments of the BDSG 2009: Limited ban on tie-ins
Category: Nachrichten, GesetzBy: M. Belke - 2B Advice GmbH - the privacy benchmark
Amendments to the Federal Data Protection Act and the effect thereof on companies - Part 9
If personal data is not to be used for advertising for own purposes, consent to use this data for purposes above and beyond this may not be made contingent upon a contractual relationship requested by the customer. This ban on tie-ins for contract conclusion and consent is, however, restricted to those cases in which it is not possible for the affected party to obtain equivalent services in any other way. If the affected party can obtain the service from another supplier without having to provide consent to the excessive use of its data, this ban on tied-in consent does not apply.
If, however, companies act in concert or have a dominant market position, this ban on tied-in consent results in the invalidity of any consent granted.
(2171 times viewed)"We attach great importance to concentrated technical competence and lean processes. That is why we appointed an external 2B Advice Privacy Officer. You can rely on the 2B Advice team for both their subject-matter and technological expertise as well as their experience in professional project management."
By:Jakob M. Hess CEO
Pfaff AQS