Finnish DPA: marketing consent as requiremnt for participation in lottery is acceptable
The Finnish DPA investigated a case regarding the data controller’s handling of personal information in relation to a lottery, requiring participants to opt-in for direct marketing as a condition for entering. Upon consenting, individuals received emails or newsletters which included instructions for unsubscribing.
The DPA was of the opinion that the consent was freely given and in compliance with the GDPR requirements. They stressed the importance of voluntary consent, yet noted that this was not necessarily a service that was necessary for the data subject – abstaining from the lottery would not bring any detriment or harm to the data subject. In addition, opting out of the lottery did not lead to any negative results. Ultimately, they declared that the conditions set by the controller fulfilled the terms of withdrawal according to Article 7(3) GDPR.
Source: Tietosuojavaltuutetun toimisto (Finland) – 8086/182/2019 – GDPRhub
