The following Risk & Compliance guidance note provides comprehensive and up to date legal information covering:
Brexit: As of exit day (31 January 2020), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. The UK must continue to adhere to its obligations under EU law, including in relation to data protection, and the ICO has confirmed the GDPR will continue to apply during the implementation period. For more information, see: Practice Note: Brexit—implications for data protection.
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
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