Mervinskiy 447

Page 68

NOTE: Compare the DPC's summaries of the submissions by the complainant against the relevant documents, as arguments are partly missing, not accurately reflected or taken out of context.

6

SUMMARY OF FINDINGS

ISSUE

FINDING

There is no obligation on Facebook to seek to Whether acceptance of the terms of service rely solely on consent for the purposes of constitutes or must be consent for the purpose legitimising personal data processing where it of GDPR is offering a contract to a user which some users might assess as one that primarily concerns the processing of personal data. Nor has Facebook purported to rely on consent under the GDPR. I find the Complainant’s case is not made out Reliance on Article 6(1)(b) GDPR that the GDPR does not permit the reliance by Facebook on 6(1)(b) GDPR in the context of its offering of Terms of Service.

Whether Facebook failed to provide necessary I find that Facebook has infringed Articles information regarding its legal basis for 5(1)(a), 12(1) and 13(1)(c) GDPR processing pursuant to acceptance of the Terms of Service and whether the information set out was set out in a transparent manner


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