El 1/4/20 10:55, "Tore Anderson"
<[email protected] en nombre de
[email protected]> escribió:
* JORDI PALET MARTINEZ
> I don't know it by memory
Huh. In that case, what do you base your claims about what the GDPR
requires on, exactly?
> 1) Before 25 May 2018, every EU citizen or resident must get a
confirmation from any database holder with his personal data, to re-confirm the
authorization.
Not true.
Assuming the lawful grounds for processing is «consent» pursuant to article
6(1)(a) GDPR, and consent was given prior to 25th of May 2018 in a way that
satisfies the requirements for consent pursuant to article 7 GDPR, then there
is no need to ask the data subject to «re-confirm».
The process of subscribing to a mailing list does to me seem to constitute
valid consent.
It would also be possible to instead the lawful grounds «necessary for the
performance of a contract» pursuant to article 6(1)(b) GDPR, in which case
valid consent is not required.
[Jordi] This is right *if* the list owner can demonstrate all the
subscriptions. We don't know that.
The lack of a privacy statement is likely a bigger problem as far as GDPR
compliance is concerned.
[Jordi] Agree, and my email intent was not to raise just if the list follows
this or that GDPR article, but in general.
> 2) Right to object. Art. 59, but also many others. It is not probably
clearly said that it must be in a footer but it must be clearly available how
to.
It is most definitively not mentioned in the article 59 GDPR because that
article about annual activity reports issued by the supervisory authorities, so
that one totally irrelevant here.
You are right that there is a right to object (article 21 GDPR). However
that has absolutely nothing to say about mailing list footers either.
Tore
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