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European Observer on fundamental right's respect

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Case Law C-61/19 (11/11/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/11/2020

Subject: The Court affirmed that a contract for the provision of telecommunications services containing a clause stating that the customer has consented to the collection and storage of his or her identity document cannot demonstrate that that customer has validly given his or her consent where the box referring to that clause has been ticked by the data controller before the contract was signed. That is also the case where the customer is misled as to the possibility of concluding the contract if he or she refuses to consent to the processing of his or her data, or where the freedom to choose to object to that collection and storage is affected by the requirement to complete an additional form setting out that refusal

Parties: Orange Romania

Classification: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access

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