The Coupling Ban in Data Protection Law – A First Approach
Consent to a data processing operation is only valid if it is freely given, demanding a genuine and free choice by the data subject. If, however, contract performance depends on consent to an unrelated processing operation (e.g. for marketing) a voluntary agreement is unlikely. The prohibition of coupling contract fulfilment to consent to a different data processing operation is regulated in Art. 7 para. 4 GDPR. While the essence of this «Coupling Ban» is sufficiently clear – it must be possible to decline the processing of personal data for other objectives than the contract but still enter into the contract itself – the succinct formulation of the Coupling Ban leaves room for legal interpretation.
Table of contents
- 1. Introduction – Take it or leave it
- 2. Consent
- 3. What is the Coupling Ban?
- 3.1. Wording
- 3.2. Scope of application
- 3.3. Contractual Performance
- 3.3.1. Necessity and Characteristic Obligation
- 3.3.2. Future field of research: Nothing is for free
- 3.4. Monopoly and reasonable alternatives
- 4. Outlook