Partner Aaron Tantleff was quoted in a Law360
article, “Consent Disputes Emerge as First GDPR Battlefield
,” about the range of data-collection consents that tech companies need to obtain from their users.
Tantleff said that while some companies may be able to argue that they need to process some personal data to deliver services, they should ask for “clear and informed” consent for data they don’t need. “If the manner in which these companies are obtaining consent is ‘forced,’ then consent does not exist under the GDPR. However, if the service cannot be delivered without the consent, then one may have a valid legal basis for processing. Of course, the question here is whether these companies truly need all this information in order to provide the services.”