Germany:
German DPAs Issue Guidance On Validity Of Given Consents Under GDPR
29 November 2016
by
Daniel J. McLoon
,
Mauricio Paez
,
Kevin Lyles
,
Todd McClelland
,
Jeff Rabkin
,
Adam Salter
,
Michiru Takahashi
,
Undine Von Diemar
,
Olivier Haas
,
Jörg Hladjk
,
Richard Johnson
,
Anand Varadarajan
,
Nicole Perry
and
Alexa Sendukas
Jones Day
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On September 13 and 14, German DPAs issued a resolution (source document in German) that
already-provided consents remain in force under the GDPR, as long
as the manner in which consent has been given aligns with the
conditions of the GDPR (Recital 171 of the GDPR). Specifically, the
DPAs noted that given consents will no longer be effective if they
do not comply with the prohibition of coupling (Article 7 (4)
and Recital 43 GDPR) or do not respect the age limit of 16 (Article
8 (1) and Recital 33 GDPR).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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