Head of Intellectual Property Practice at Versus.legal LLC Ivan Kaisarov noted that in some cases information about goods and services is deliberately not provided until the consumer's contact information is received, which requires consent.
"The practice of separately formalizing consent to the processing of personal data has existed before, since voluntary nature is a mandatory condition for it. If consent is included in a russia whatsapp resource contract, then the element of voluntariness is lost, because a person is forced to give consent if he wants to sign a contract and receive a product/service. Moreover, there were also court decisions that confirmed the logic of the viciousness of including consent in a contract. The amendments proposed by the bill, apparently, want to more directly enshrine this requirement so that it is understandable not only through legal interpretation, but directly follows from the law," Ivan Kaisarov said in a conversation with a ComNews.ru correspondent.
However, he noted that there are individual cases when the inclusion of an agreement on the processing of personal data in a contract may be justified. "But it is important to comply with the condition that the second party will have access only to the data necessary for the conclusion and execution of the agreement or contract," Ivan Kaisarov explained.
"If this is a contract for the sale of goods, then within its framework it is possible to use the personal data of an individual in order, for example, to contact him for the delivery of goods, but it is impossible to use the data from the contract for the purposes of advertising mailings and similarly it is impossible to immediately include in the contract itself consent to the use of personal data for purposes not related to the contract, because for this a separate consent for this purpose is already required," Ivan Kaisarov noted.
"The initiative can draw consumers' attention to their legal right to manage their personal information, choose and buy the product they like without having to give their personal information to the seller," concluded Elena Chernikova.
and companies take advantage of.
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