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0 pointskevlawrence6y ago0 comments

If they lose this case, do you think it would it leave Facebook a liability for no longer being able to fulfill that contract? I.e. you can’t share my data, now where are my personalized ads that you promised?

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sigwinch286y ago

IANAL, but I think that clause would become null and void.

User: "hey Facebook where's the personalised ads you promised me?" Facebook: "that clause was found to be illegal, and we have notified you that it is unenforceable by either party."

Hamuko6y ago

The issue here isn't just the fact that there are personalised ads, it's that Facebook wants to serve personalised ads without consent.

kevlawrenceOP6y ago

Right, and Facebook is arguing that it’s because they have to fulfill a contract. However, GDPR may block them from collecting the data they need to serve personalized ads. This would mean they wouldn’t be able to fulfill the contract.

To phrase my question in another way, would that contract still need to be fulfilled, if they are blocked by GDPR from collecting the data they would need to fulfill it?

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