Without full knowledge of what you will do with MY data, why should I consent?
A fundamental aspect of all fair and lawful processing of personal data under the current data protection rules is the requirement for the party who is the data controller to meet one or more conditions (“the conditions for processing”).
The requirement to meet a condition for processing continues under the new rules of the GDPR (the General Data Protection Regulation) and one of the grounds for lawful processing most debated is that of consent, what you need to do to obtain it and how businesses going forward can demonstrate that they had consent to process.
Under the GDPR, consent must be “freely given, specific, informed and an unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”.
Inactivity and the pre-ticked box will not be sufficient anymore.
From tomorrow (Friday 3rd March), you will be able to provide your views and thoughts on the much awaited ICO draft GDPR consent guidance.
With a requirement to be able to verify consent, and substantive fines where business gets it wrong, for any business that relies on consent (and most of us do), this area of compliance is business critical and cannot be overlooked.
Contact our Specialist Compliance and Regulatory Lawyers
MacRoberts’ team of data protection specialists can provide expertise and advice to businesses wishing to adopt this proactive approach to compliance preparation. We pride ourselves on our diverse, resourceful and highly skilled team of compliance and regulatory solicitors, who have substantial commercial and legal experience, delivering a pragmatic and commercial approach to our clients and their businesses.
If you require advice, assistance or representation in relation to the upcoming General Data Protection Regulation obligations or any other compliance and regulatory matters, contact our team today for expert advice tailored to your needs and/or sign up to our newsletter to keep up to date with the latest GDPR news and developments.