I have read it, but I'm not a lawyer, and I'm certainly not giving legal advice. However, since you've brought the GDPR up:

Keeping the free game doesn't require receiving emails, although GOG's current implementation requires a manual unsubscription afterwards. Receiving emails clearly doesn't have to be bundled with receiving the free game; they're two separate matters, so I think GDPR article 7 says that he hasn't consented.

I think it's a shady practice, but that GOG wouldn't be the company that I'd like to see being the test-case for it. I also haven't seen a freebie game that I really wanted, otherwise I'd have emailed GOG's privacy address about this myself.

You agree to receive the email (processing of personal data) and they also provide you with a free game (no processing of personal data). The wording is actually clearer than the threshold required by the GDPR as it is clear when you click the button that you're agreeing to receive the emails. The gifting of a game is secondary to this.

User can withdraw his consent by unsubscribing to the emails.

If you get to a point where there's a game you want, feel free to contact the privacy address. However, it's watertight.

What makes one of those necessary in order for GOG to perform the other one? You've put them together, but haven't argued why they have to be bundled.

It's a precondition. You get the game if you subscribe to the newsletter. It's like "getting a game because you give some money". The legal consideration can be considered the subscription.

[edit] To clarify, in the case we're looking at, you've got "Free game given as a reward to signing up for the newsletter". It's a single, indistinguishable requirement. You give consent for receiving a newsletter and they give you a game - one leads on to the other.

Remember, the primary consent you're giving (it's on the big green button) is to receive the marketing. The exact wording is:

"By clicking the 'Add to library' button, I agree to receive marketing communication from GOG sp. z.o.o. on my email address and through GOG services, connected to my GOG account, to get [GAME]. See our Privacy policy" This speaks to my point on the marketing forming the legal consideration.


If you wanted to separate the consent, it would be like this:

1. Do you agree to the processing of your personal data to receive a newsletter and marketing?
If YES, sign up email and proceed to 2. If NO, end process.

2. Do you agree to receive a free game?
If YES, award game to account. If NO, end process.

This two step is essentially what happens; it could be coded up, but ultimately would just mean that people have to click twice as the two steps aren't really separable.


On another tack, if you're looking at "Other Matters", these are intended to be much more distinct. For example, processing data to provide first party adverts (GoG's adverts) would likely need a distinct consent to setting up a GoG account (which is processing data to allow you to buy on the store). This is much more distinct than an inseparable consent to receive a newsletter in consideration of which you will be given a free game.

Banning exactly that seems to be the point of GDPR article 7 paragraph 4.

You can always unsubscribe, you accept the terms and conditions when you redeem a free game.

That would be a misunderstanding of what GDPR is trying to achieve. GDPR isn't designed to prevent legitimate commercial transactions taking place, it's designed to ensure the lawful processing of data for clear business purposes. Remember - they're not forcing you to subscribe to the newsletter or marketing. In this world, nothing is free, but unsubscribing to a newsletter after you've signed up solely so that you can claim a free game isn't an unreasonable cost.

It's exactly the same principle as the "Download Galaxy and get Witcher 1 for free" offer. You might not like it, but it's all perfectly legal and above board.

shake my head...if you (addressing everyone here who is complaining) don't want to receive emails from GOG then don't enable the feature by either:

A) checking the box(es) enabling that feature in your account, or by

B) claiming any of the free games/goodies that GOG offers to you.

Yes! It's really THAT simple.

If someone doesn't want to receive them, they can claim the game and go into their account subscription settings then uncheck things:

https://www.gog.com/en/account/settings/subscriptions

If that is too hard to do, just don't claim free games in the first place.


Maybe this is where GOG should just be more like Steam and only give out free games when some part of hell freezes over. Nobody would be complaining about free games if they stopped doing it.

Sadly, a lot of people are too... :p

Oh boy, isn't that true? :)
It's frightening to behold.

Part of the reason for legislation is to outlaw things that used to be legal. What do you think that paragraph is trying to achieve, if not this?

If the unsubscribe-later route really is compliant, what do GOG lose by adding an opt-in tickbox for the marketing consent when claiming the free game?

Remember, you're not claiming a free game. You're giving marketing consent in return for which GoG are issuing you a game. GoG allow you to withdraw consent later (which is compliant with GDPR). The point is that they want you to agree to marketing so that they can sell you more stuff. That's the deal you sign up to - they aren't giving away a game because they're "cool guys" - it's a marketing activity.

Again, the text you have agreed to buy clicking the button is:

"By clicking the 'Add to library' button, I agree to receive marketing communication from GOG sp. z.o.o. on my email address and through GOG services, connected to my GOG account, to get [GAME]. See our Privacy policy"

The game is clearly secondary to the marketing consent. The marketing consent is very clear and it's all above board.

A simple explanation, that can be kept even shorter:

"I agree to receive A, in order to get B"

And the "receive A" part can be rescinded the very next second again, without affecting the "get B" part.