LinkedIn states it can change this privacy policy and that continuing to use LinkedIn after notice of changes means you accept the new terms; your only stated alternative if you disagree is to close your account.
This analysis describes what LinkedIn's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that continued use of LinkedIn constitutes acceptance of updated data practices, which means changes to how your data is collected or used take effect automatically unless you close your account. Under GDPR, however, deemed consent via continued use may not constitute valid consent for new processing activities that require explicit consent.
Interpretive note: Whether continued use constitutes valid acceptance of new data processing purposes depends on jurisdiction and the nature of the processing activity; GDPR may limit the enforceability of this mechanism for consent-based processing.
The terms state that continuing to use LinkedIn after a policy update means your data becomes subject to the updated practices. EU/EEA users should note that this mechanism may not satisfy GDPR consent requirements for certain processing activities, and those requirements may provide additional protections regardless of what the policy asserts.
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"LinkedIn ('we' or 'us') can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy, as of its effective date.— Excerpt from LinkedIn's LinkedIn Privacy Policy
1. REGULATORY LANDSCAPE: This provision implicates GDPR Articles 6 and 7 on the validity of consent obtained through continued use, and CCPA/CPRA provisions on material change notice requirements. The Irish Data Protection Commission has issued guidance indicating that deemed consent via continued use does not constitute valid consent under GDPR for processing requiring explicit consent. The FTC also considers adequacy of notice and choice in privacy policy changes. 2. GOVERNANCE EXPOSURE: Medium. The policy's mechanism of deemed acceptance via continued use is a standard commercial practice but may not be sufficient for all processing activities under GDPR, particularly for new purposes or sensitive data categories. Organizations relying on LinkedIn's platform for employee or customer data processing should monitor policy changes and assess implications. 3. JURISDICTION FLAGS: EU/EEA users have the highest exposure, as GDPR requirements for freely given, specific, informed, and unambiguous consent are not met by a continued-use mechanism for consent-based processing. UK GDPR applies analogously. California users may have rights under CPRA to receive notice of material changes to data practices. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers with data processing agreements with LinkedIn should confirm whether those agreements include notice and negotiation rights for material policy changes, and whether the unilateral modification right conflicts with agreed data processing terms. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should implement a process to monitor LinkedIn privacy policy changes and assess each material change against their own data processing obligations, particularly where employee or customer data is involved. Legal teams should evaluate whether LinkedIn's change mechanism satisfies obligations under applicable data processing agreements.
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This provision establishes that continued use of LinkedIn constitutes acceptance of updated data practices, which means changes to how your data is collected or used take effect automatically unless you close your account. Under GDPR, however, deemed consent via continued use may not constitute valid consent for new processing activities that require explicit consent.
The terms state that continuing to use LinkedIn after a policy update means your data becomes subject to the updated practices. EU/EEA users should note that this mechanism may not satisfy GDPR consent requirements for certain processing activities, and those requirements may provide additional protections regardless of what the policy asserts.
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