The following Risk & Compliance guidance note provides comprehensive and up to date legal information covering:
The General Data Protection Regulation (GDPR) significantly raises the bar on what constitutes consent and in relation to obtaining, managing and recording consent.
This Practice Note is based on the GDPR and consent guidance published by the Information Commissioner’s Office (ICO).
You should review your organisation’s existing consents and consent mechanisms to form a preliminary view on whether they meet the GDPR standard. If they do, there is no need to obtain fresh consent. However, this is unlikely bearing in mind the GDPR requires that:
consent must be unambiguous and involve clear affirmative action
consent should be separate from other terms and conditions
consent should not generally be a precondition of signing up to a service
pre-ticked opt-in boxes are banned
you must keep clear records to demonstrate consent
data subjects have the right to withdraw consent—you need to tell people about this right and offer them easy ways to withdraw consent at any time
public authorities, employers and other organisations in a position of power are likely to find it more difficult to get valid consent
If pre-GDPR consents do not meet the standards of the GDPR or are poorly documented, you need to:
seek fresh GDPR-compliant consent
identify and switch to a different lawful ground for processing—see Practice Notes: GDPR compliance—standard of consent—Do you need consent? and GDPR compliance—lawful processing,
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