The Austrian Supreme Court (OGH) has been asked to refer a case concerning Facebook's alleged bypass of GDPR consent rules to the CJEU. The dispute centers on Facebook's claim that a contractual duty to provide personalized advertising removes the need for opt‑in consent. The outcome could clarify the legality of using contract bases to process personal data under the GDPR.
Why it matters: The case could set a precedent on whether contractual terms can replace consent for personal data processing under the GDPR.
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