German Court Ruling has Implications for Consent

“I consent to the Terms of Use and Privacy Policy.”

[Cue “America’s Got Talent” X buzzer sound]

“No,” says the Berlin Superior Court of Justice. “You really don’t.”

• You can’t require consent to a privacy notice.
• You can’t have a default setting of sharing with third parties without informed consent (put a pin in this one for CCPA notice + opt out of sale also).
• And the bombshell one:  The sentence in your privacy notice allowing sharing personal data as part of an asset deal is not sufficient for sharing the data (and you need consent of each individual).

Details here from Peter Hense