Thread · 5 tweets · 18 Jul 2021

Thanks! WRT direct marketing under LI, I think I'm the one who's unclear because I am taking shortcuts through assumptions. Let me try to unpack this and see if I can make more sense to you two! Under Recital 47, DM may be done under LI. It's not restricted to the 1P.

The GDPR doesn't have much in the way of a built-in 1P/3P distinction anyway. However, R47 does place some restrictions on that, and frankly unrelated to GPC if there is a 3P carrying out its own DM (not on behalf of 1P) under LI, I'd *love* to see that LIA!

With that said, I turn to GPC. There can be DM of the 1P under LI. GPC explicitly does not touch that as you point out Maximilian. For 3P, either they are controllers or they are processors. If they are controllers, GPC just shut them down — so they can't be processing.

If they are processors, they can't be processing the data for their own purposes (lest they be requalified as controllers, then go to previous point). So they can't be carrying out their own DM *unless* the 1P were to instruct them to.

So, I load you as a tracker and then I instruct you to go direct-market yourself with that data. It would be weird! But if it did happen — why not? — then the legal basis would be contract and not LI I think. As usual, I'm not a lawyer so I may be full of crap :)