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Why providers of SaaS or online stores should not ask their users to agree to terms and conditions or privacy policies

4. February 2025
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Key Facts
  • Terms and conditions and data protection declarations are often unnecessary and can be problematic.
  • The GDPR sets out requirements for information obligations that must be observed.
  • Incorrect handling of general terms and conditions can cause legal risks.
  • Important aspects are reasonable perceptibility and user access to the conditions.
  • Active consent to the privacy policy is not required in many cases.
  • Clear separation between information obligations and consent is crucial for legal certainty.
  • For detailed information visit the website itmedialaw.

It is often common for providers of SaaS solutions or online stores to ask their users to agree to general terms and conditions or privacy policies. But is this practice really necessary or even sensible? In this podcast video, we shed light on the legal background and explain why such a request is often unnecessary and can even be problematic. We discuss the requirements for the inclusion of terms and conditions, the information obligations under the GDPR and the risks associated with incorrect handling, the importance of the “reasonable perceptibility” of terms and conditions and explain how providers can ensure that their users have access to the terms and conditions without requiring active consent. We also discuss the GDPR and why consent to the privacy policy is not required in most cases. We show how a clear distinction between information obligations and consent is important to avoid legal uncertainties.

More information: Read the full article here on my site to dive deeper into the legal details and practical tips: https://itmedialaw.com/warum-anbieter-von-saas-oder-onlineshops-ihre-nutzer-nicht-zur-zustimmung-zu-agb-oder-datenschutzerklaerungen-auffordern-sollten/.

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