Read also: The app shared that you were the user. That was enough.
When Grindr users accepted its terms, a clause was hidden about sharing personal data with advertising partners. Users who did not accept could not use the app. The Court of Appeal was clear — it is not a Free consent.
GDPR Article 7 requires that consent be free, specific, informed, and unambiguous. «Free» means you cannot make access to a service conditional on the user consenting to something that is not necessary for the service. Ad sharing is not necessary to use a dating app.
Many Norwegian businesses use similar patterns — enrollment forms where the customer accepts everything at once, registration processes where «marketing» is pre-ticked, and terms and conditions where consent to share with third parties is embedded.
**Practical point:**
Review the consents you obtain. Is there one large «accept all» field, or can the customer choose each purpose individually? If consent for marketing or data sharing is a prerequisite for using the service – do you have the same problem as Grindr.
Inspired by: The Norwegian Data Protection Authority