6 Summary of Findings

6 SUMMARY OF FINDINGS

ISSUE FINDING

Whether acceptance of the terms of service constitutes or must be consent for the purpose of GDPR

Reliance on Article 6(1)(b) GDPR There is no obligation on Facebook to seek to rely solely on consent for the purposes of legitimising personal data processing where it 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 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 information regarding its legal basis for processing pursuant to acceptance of the Terms of Service and whether the information set out was set out in a transparent manner I find that Facebook has infringed Articles 5(1)(a), 12(1) and 13(1)(c) GDPR