Processing personal data—standard of consent
Processing personal data—standard of consent

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

  • Processing personal data—standard of consent
  • What is consent?
  • Do you need consent?
  • When is consent not appropriate?
  • Standard consent—personal data other than special category data
  • What is valid consent?
  • What is clear affirmative action?
  • Freely given consent
  • Capacity to consent
  • Children
  • 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.

Historically, many commercial organisations relied on consent as the main lawful ground for processing personal data. This is because the previous data protection 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

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