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.
Historically, many commercial organisations relied on consent as the main lawful ground for processing personal data. This is because the pre-General Data Protection Regulation (GDPR) regime did not impose particularly onerous requirements around obtaining and recording consent.
The GDPR significantly raises the bar on what constitutes consent (the subject of this Practice Note) and in relation to obtaining, managing and recording consent (see Practice Note: GDPR and consent—obtaining, recording and managing consent).
This Practice Note is based on the final text of the GDPR and consent guidance published by the Information Commissioner’s Office (ICO), which provides insight into how the ICO interprets the GDPR on consent and the ICO’s general recommended approach to compliance and good practice.
Consent is unlikely to be the default ground for processing personal data under the GDPR and organisations will need to consider whether any other
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.