Am I able to skip the consent within the app and just add the info that the download is consent?

Question

SeverinKaempfer OP

Created Dec ’19

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Hi.

Im currently in the end phase of developing my new iOS app. I am using several third party sdk's (Facebook, OneSignal, Bugfender), so user data gets shared with third parties. As the app will be published in the EU as well, the app has to comply with the GDPR. So know, I'm asking myself, whether I am required to ask for the user consent in the app, before those sdk's get active and submit data (OneSignal won't send Data until someone accepted to get push notifications, while for an example the Facebook SDK starts sending data immediately). This third party is in this case collecting user data and is sending it to their servers and my question is now, if the sdk has to be inactive on first launch and if I have to make an "opt int" consent or if its enough, if I edit my privacy policy so that downloading & opening the app is an automatic consent to sending this data to third parties. How should I get my users consent?

Thanks and have a great day.

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Answer 1

PBK OP

Dec ’19

I don't think that passive posting of a policy satisfies 'consent' as described in the official GDPR definitions here:

h ttps://gdpr.eu/article-4-definitions/

These definitions require an affirmative action by the user.

The question is whether you need 'consent' based on the data you are collecting and storing. If you do need consent you need it "before those sdk's get active and submit data". But it is not clear to me that your observation that "Facebook SDK starts sending data immediately" triggers a requirement of GDPR consent if that "data" was not collected by you and you are not proffering it from Facebook to others.

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