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Has Facebook Sidestepped GDPR’s User Consent Requirements?

October 19, 2021

This is achieved by simply adding data processing specifications into its general terms and conditions and effectively changing acceptance into a contract. The argument is that since there is now a contract between Facebook and the user, the usual understanding of consent is neither required from, nor can be revoked by, the user.

At the very moment that GDPR came into force at midnight on May 25, 2018, Facebook changed its terms and conditions statement into a ‘Terms of Service’ statement. By continuing to use Facebook, the user agreed to those terms as a contract. Included within the Terms is the statement:

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