User consent for Google Ads snippet under GDPR? Let's assume I run a website that doesn't place any cookies and doesn't track visitor's information. However, it uses Google Ads to attract visitors. And Google demands that advertisers disclose conversion data for each ad, and requires that I include a JavaScript tracking snippet on each page. As far as I can tell, this snippet does not place cookies and neither does it collect personal data. I assume that if tracking data is connected to an individual, the individual gave their consent to that by signing up to a Google. The only thing the snippet does is telling Google's servers when a conversion takes place and that somehow they do some cross-site tracking. Is running the Google Ads snippet something that visitors of my website should consent to, before I do this? My assumption for now is that disclosing this in a privacy statement should suffice.
You are responsible for what data is being processed by your website. When you embed third party components on your website (e.g. iframes, scripts), you are at least jointly responsible with the third party providing these components. You are only responsible for what happens on the website (i.e. what processing is under your control), not for what the third party provider does with collected data on their services. However, note that information will be transferred to Google's servers regardless of whether the visitor has a Google account! The Fashion ID case is relevant case law establishing and explaining these points. Since you are (jointly) responsible, you need a legal basis for collecting personal data through the tracking snippet and sharing it with the third party (here Google). For example, the legal basis could be a legitimate interest, or could be consent. A legitimate interest requires that you balance this interests against the interests, rights, and freedoms of the data subject (the site visitor). If the data subject wouldn't reasonably expect this tracking, you cannot rely on a legitimate interest. Consent can always work, except that it is a freely given, informed opt-in – likely unsuitable for conversion tracking. Which legal basis to use is primarily your responsibility. You argue that the tracking snippet does not collect personal data. However, this argument is not well supported. Under the GDPR, personal data does not only include directly identifying information such as an email address, but also any information “relating” to an identifiable person. Identification includes the ability to single out someone, e.g. by a browser fingerprint. For purposes of conversion tracking, Google will clearly try to collect data that allows the visitor to be singled out, thus collecting personal data. Furthermore, specific kinds of information are regulated by the ePrivacy directive. This includes “traffic data” and “information stored on a terminal device”, regardless of whether this information is personal data under the GDPR. Under ePrivacy, such information can only be used as strictly necessary to provide the service requested by the user (and conversion tracking is not strictly necessary), or when the user gives their consent. Depending on what information is collected by the tracking snippet and on whether you are subject to ePrivacy, you would have to collect consent anyway. There is also the issue that Google Ads is an US-based service, and transferring data to the US is largely illegal since the 2020 Schrems II ruling. The US do not provide an adequate level of data protection, so that transfers would require additional safeguards. Standard Contractual Clauses (SCCs) for Controller to Controller transfers are not sufficient by itself. Of course those extra safeguards are effectively impossible to implement and no one is doing this correctly, but it's worth considering that there is additional legal risk. Explicit consent can provide a legal basis for transfers even to a country with inadequate protections, but that mechanism is intended for occasional transfers. In conclusion: you have wrongly concluded that no personal data would be involved you are jointly responsible with Google for whatever data is processed by the conversion tracking snippet you need a legal basis for sharing this data with Google legitimate interest may be sufficient, depending on what data is involved (consider ePrivacy) and depending on the result of your legitimate interest balancing test alternatively, you may require every visitors consent to track their conversions – unlikely to result in good data additionally, such use of Google Ads may run into issues around international transfers due to the Schrems II ruling this kind of stuff is difficult, and no one is really doing this correctly :/
Term 1 isn't going to hold up, but that is not a GDPR matter. It's just a matter of basic consumer protection law in the EU. You can't offload responsibility for your mistakes. Looking at 2, Dale M. already pointer out that it's now how the GDPR works. You are the Data Controller. X,Y and Z are Data Processors. Article 28(1) of the GDPR is in direct conflict with your disclaimer. You accept zero responsibility, the GDPR says you are fully responsible. That's the exact opposite.
The site would combine the data in novel ways, which is processing the data. Processing personal data which is publicly available is still processing personal data. You would have to take GDPR into account. That does not mean the processing is forbidden, but you need a legal basis for doing it. In many ways, having the informed consent is the easiest legal basis, but there are others. The data subject would have the right to demand information about the data you hold, and to demand the correction of wrong data. There is not necessarily a right to demand deletion, but if consent is withdrawn and you have no other basis for data processing, you have to delete. Note also that the consent basis would mean you have to actively contact the people whose consent you seek before the processing starts, and document how you do it. That makes pay-per-request models difficult. But consider that the news media can process some data about some people without the consent of the subjects of their activities. They just need to balance privacy and other legitimate interests all the time.
Not Allowed Under the GDPR The suggested method does not seem to comply with the GDPR, and would not be lawful for a Data Controller that is subject to the GDPR. Specific Provisions Let's consider some specific provisions of the GDPR: Article 4 Article 4 paragraph (11) states: &quot;consent&quot; of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; If the choice is &quot;obscure&quot; then it is not clear, and legal consent has not been given. Article 7 Article 7 paragraph 3 reads: The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent. It does not appear in the situation described that the data subject has been clearly informed that consent is being given. Recital 42 Recital 42 reads in relevant part: In accordance with Council Directive 93/13/EEC a declaration of consent pre-formulated by the controller should be provided in an intelligible and easily accessible form, using clear and plain language and it should not contain unfair terms. ... Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment. The specified means do not seem to comply with R42 Recital 32 Recital 32 reads: Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. ... If the data subject’s consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided. The format in the question seems to rely on inactivity as a way of giving consent, and is surely not clear.
The second inferred question is &quot;How does Twitter conform to GDPR?&quot; See the Twitter GDPR FAQ for details on if Twitter is a data controller or a data processor, how Twitter complies with the legal requirements for transferring data, etc. Re: the original question regarding scraping and distributing Twitter data: Read Twitter's Twitter Terms of Service, which is a legally binding contract for use of their service. By using Twitter (or accessing Twitter without an account), you agree to that contract. Twitter very clearly states what they allow as legal uses of their service; pertaining to scraping and selling and/or sharing data: You also agree not to misuse our Services, for example, by... (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Twitter is expressly prohibited); ... If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Twitter Services, these Terms, or the terms provided for (developers) So you can scrape Twitter with prior consent, or scrape according to the robots.txt file, which shows Twitter's limits on what you can scrape. If you don't follow the TOS, you risk Twitter taking legal (civil, possibly criminal, according to jurisdiction) action against you.
Short answer: No Long Answer: Presuming the CLA informs the Data Subject of what information is gathered (pretty self explanatory, the Data Subject is putting the information in the CLA) and what it will be used for. Then by them submitting a CLA they are giving consent to what the CLA states. As Shown below a CLA can qualify under all 6 lawful reasons for processing personal data. One of the reasons is a stretch, another a possible stretch, the rest apply. Keep in mind though if the CLA does not or did not specify what the information was to be used for then those documents are in violation of the GDPR. In the case where a CLA was signed prior to May 25th 2018 you have two choices. Destroy the documents or retrieve consent for the information obtained in those documents for the purpose of the license to avoid copyright claims. Consent must be informed per Recital 32 of the GDPR. A CLA is a contract. Thus falls under the following: Article 6: Section 1a: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Presuming the personal data is only used for what the agreement states it will be used for. Section 1b: processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; You entered a contract which should state what the information is needed for. Thus that information is necessary for the performance of that said contract. Section 1c: processing is necessary for compliance with a legal obligation to which the controller is subject; Technically the controller is the natural person or entity responsible for the OS Project. The license attached to the OS Project is their choice. Depending on the chosen license and the CLAs. They may be able to modify that license (re-release under a new license). And thus they aren't technically legally obligated themselves to follow the copyright license themselves. However if the chosen license doesn't give them ownership of the contributed code nor does the CLAs; the license itself requires CLAs, then the information gathered in a CLA is a legal obligation. Though you would be hard pressed to fall into this category. Section 1d: processing is necessary in order to protect the vital interests of the data subject or of another natural person; Only applies if the OS Project is led by a natural person and not an entity. Section 1e: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; Possibly, might be stretching it there. Though I personally believe an OS Project is generally in the public interest. Section 1f: processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. The legitimate interest here would be the copyright license of the OS Project.
In the question, you write: The GDPR requires consent of the subject for collection or storage of personal data (in this case, IP addresses in a log file). No, it does not. To quote Miss Infogeek: GDPR DOES NOT MAKE CONSENT A MANDATORY REQUIREMENT FOR ALL PROCESSING OF PERSONAL DATA. Consent (Article 6 (1)a) is indeed one of conditions that can be used to comply with the GDPR requirement that processing must be lawful, but it is not the only condition available to the controller to ensure lawful processing &ndash; there are alternatives (before the list of conditions it says that "at least one of the following" must be satisfied). All the conditions for lawfulness of processing are spelled out in Article 6 of the GDPR. One of alternatives are Article 6 (1)f. It says says it is legal to process personal data if processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. (my emphasis) As noted in the question, logging IP addresses for the purpose of security is an extremely widespread practice. It is a legitimate interest to comply with standard security practices. It is the default, and most (all?) web-sites do this. I.e. it is legal to do this without consent (if this is not the case, I am pretty sure the outcry had been heard all over the Internet by now).
Yes. Art 13 requires you to provide “the identity and the contact details of the controller”. You are the data controller. Your name and address are necessary to establish your identity. Using AdSense means you're offering an internet society service commercially. In that case, there's also probably some EU fair competition directive that was implemented in your countries national law and will provide equivalent requirements. For example, my country Germany has a far-reaching Impressumspflicht. Not sure if this is the most relevant EU law, but Art 22 of Directive 2006/123 requires that your country passed laws to ensure that you make available “the name of the provider, his legal status and form, the geographic address at which he is established and details enabling him to be contacted rapidly and communicated with directly and, as the case may be, by electronic means”. I think you would be in scope of this directive since you're acting commercially. This legally mandated self-doxxing is unfortunate for private bloggers, but it's also essential for making it possible to enforce data subject rights: if you were to violate someone's privacy rights, how could they sue you if they don't know where to serve you with a lawsuit? However, all things are a balancing act. These requirements are not intended to limit freedom of expression. If you're just trying to communicate something to the public without jeopardizing your anonymity, then paradoxically social media services can be more attractive.