Dear TPWG,

I have walked through your documents and mailing list archives in search for an answer to my question but I cannot seem to find it. It is essentially two-fold and concerns the relationship between DNT and the GDPR from the point of view of a website. While I understand that legal questions may be tricky my understanding, which may be wrong, is that your current charter is designed to allow for better alignment with European privacy laws. I will therefore formulate my question in terms of use cases.

1) Is the intent of the Tracking Preference Expression that `DNT:0` would convey consent in the sense of GDPR Article 4, definition 11, and Article 7?

2) Is the intent of the TPE that `DNT:1` would convey a user's objection to processing in the sense of GDPR Article 21, specifically paragraph 5 concerning the "right to object by automated means using technical specifications".

Thank you very much for any information!

PS: Please do not read this message as indicating that the NYT will necessarily deploy DNT (or do so by the GDPR deadline); at this stage it is simply one aspect (amongst numerous others) that we are looking at.

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Robin Berjon
The New York Times Company
Executive Director, Data Governance
robin.berjon@nytimes.com