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
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
From tomorrow (Friday 3rd March), you will be able to
provide your views and thoughts on the much awaited ICO draft GDPR
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.
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matter. Recipients should not act on the basis of the information
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The fourth and final part of our mini-series on the draft ICO guidance on Consent, published on 2 March 2017, focuses on the practical impact the GDPR (General Data Protection Regulation) will have on how your organisation records and manages consent.
In light of the much anticipated ICO draft GDPR (the General Data Protection Regulation) Consent Guidance being published yesterday, 2 March 2017, we will be running a mini-series on the guidelines under consultation and the impact the GDPR will have on the much vexed position of consent and the impact on your business.
The first of our four discussions on the ICO guidelines for Consent will focus on the meaning of consent under the GDPR (General Data Protection Regulation) and how this change enhances the previous law on consent to data processing.
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