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Compliance  (GRC) Guides

What is consent under the GDPR?

 

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What is consent under the GDPR?

Consent under the GDPR is an individual’s freely given, specific, informed, and unambiguous indication of their wishes for their personal data to be processed. Consent must be obtained prior to any processing of personal data and must be given by a statement or clear affirmative action. The GDPR outlines specific conditions that must be met in order for consent to be valid. The first condition is that consent must be freely given. This means that consent must be voluntary and not given under duress or as a result of any form of coercion. Consent must also be specific, meaning that data subjects must be able to provide consent for each specific purpose of data processing. The second condition is that consent must be informed. This means that data controllers must provide data subjects with all relevant information related to the data processing, including the controller’s identity, the purpose of the processing, and the type of data being processed. This information must be provided in a concise and easily understandable way. The third condition is that consent must be unambiguous. This means that the data subject must have a clear understanding of what they are consenting to. Data controllers must ensure that their consent forms are clear and easy to understand, and that any questions posed to the data subject are unambiguous. The fourth and final condition is that consent must be revocable. This means that data subjects must have the right to withdraw their consent at any time, as easily as it is given. Data controllers must provide data subjects with clear instructions on how to withdraw consent, and must not make it difficult to do so. In summary, consent under the GDPR is an individual’s freely given, specific, informed, and unambiguous indication of their wishes for their personal data to be processed. The GDPR outlines specific conditions that must be met in order for consent to be valid, including that it must be freely given, informed, unambiguous, and revocable. Data controllers must ensure that they meet these conditions in order to ensure that their data processing activities are compliant with the GDPR. .



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