Processing personal data—obtaining, recording and managing consent
Processing personal data—obtaining, recording and managing consent

The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:

  • Processing personal data—obtaining, recording and managing consent
  • What is consent?
  • Tips for getting consent
  • Writing a consent request
  • Information requirements
  • Blanket consent
  • How to get consent
  • Standard consent
  • Explicit consent for sensitive personal data
  • Implied consent and consent by default
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP day mean for Risk & Compliance?

This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Retained Regulation (EU) 2016/679) unless expressly stated otherwise.

This Practice Note is based on the GDPR and consent guidance published by the Information Commissioner’s Office (ICO).

What is consent?

Consent is ‘any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data’.

Consent must therefore be:

  1. freely given

  2. specific

  3. informed

  4. unambiguous

There are two levels of consent depending on the type of data you are processing:

  1. standard consent, which is required to rely on consent to process non-sensitive personal data

  2. explicit consent, which is required to rely on consent to process special category personal data. There is no definition of explicit consent but

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