Consent
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Consent for Data Processing
Understanding Consent
Importance of Consent: Consent serves as one legal basis for data processing, offering individuals control over their data. However, it's vital to note that individuals can object or withdraw consent at any time, impacting data processing.
Key Considerations for Consent
- Opt-In Requirement: Consent should require a clear, positive action to opt in. Pre-ticked or opt-out boxes are not compliant with GDPR.
- Clear Information: Individuals must be clearly informed of what they are consenting to, ensuring transparency in data usage.
- Separate Consent for Marketing: Marketing consent must be separate from other consents, providing individuals with the choice to opt in or out of receiving marketing materials.
- Information Required: When requesting consent, provide details such as your organisation's name, purpose of data collection, data usage, and any third parties involved.
- Withdrawal Option: Clearly state that individuals can withdraw consent at any time, and ensure it is easy for them to do so.
Record-Keeping
Record of Consent: Maintain records of who consented, when, how, and to what they consented. This helps demonstrate compliance with GDPR requirements.
Explicit Consent for Children
- Child Consent: Children have the same data rights as adults. If consent is sought for children under 13, parental or guardian consent is necessary.
- Express Confirmation: Explicit consent must be expressly confirmed in words, not through pre-selected options.