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I wish this were true. It’s not. Tracking can be seen as “legitimate interest” because the money earned from that is needed to run the service.

If we could turn tracking I to a banned way to earn money from free visitors, I think we’d all be better off. This is not how gdpr works today.

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No, it cannot, that’s explicitly not what legitimate interest is about. If that’s the way it’s playing out in Germany then that’s sad, but that’s a problem with the national regulator. Other regulators are dropping the ball on enforcement so it doesn’t surprise me, but that is expressly not legitimate interest.

Legitimate interest is things like a legal requirement to maintain PII because of the services offered.

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