Using consent as the lawful basis for using personal information

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Using consent as the lawful basis for using personal information

One of the six lawful grounds for processing personal data under GDPR, the General Data Protection Regulation, is consent. So what is consent for GDPR purposes?

If we are to rely on the ground of consent as our lawful basis for using an individual's personal information we need to be able to show that we have obtained the consent from the individual to use their information for one or more specific purposes.

To be able to rely on this ground we need to be able to demonstrate that the individual has given this consent.

The consent must be provided in an intelligible and easily accessible form.

Clear and plain language should be used.

It should not contain any unfair terms.

To be an informed consent the individual must

  • know the identity of the person who is controlling or using the information (the data controller)
  • know the purposes that the consent will be used for.

Consent will not be freely given if:

  • There is no genuine or free choice
  • The individual is not able to refuse or withdraw consent without detriment.

This is a high threshold to meet when drafting your consent requests.

For further information please contact us.
 

Disclaimer

The material in this article is for general information purposes only and does not constitute legal or taxation advice. Specific legal and taxation advice should be sought before acting. All information and taxation rules are subject to change without notice.

No liability whatsoever is accepted by M. McLoughlin & Co. for any action taken in reliance on the information in this article

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