Short Reads

Countdown 5 weeks until GDPR : How should valid consent be proven?

Stibbe - How should valid consent be proven?

Countdown 5 weeks until GDPR : How should valid consent be proven?

19.04.2018 EU law

Only 5 more weeks to go before the GDPR becomes fully effective. Preparing your company for the application of this new regulation requires a correct understanding of its principles. Each week, we highlight one particular misconception regarding the interpretation of the GDPR.

How should valid consent be proven?

Article 7 of the GDPR reads: “the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data”. However, the GDPR does not contain specific, compulsory provisions in relation to the conditions for proving how the consent was given or obtained.

In that respect, the GDPR is inconsistent with the provisions of certain previous national legislations implementing Directive 95/46/EC (such as, e.g., the Italian Legislative Decree no. 196 of June 30, 2003, whereby the data subject’s consent could be deemed to be effective only if it is “documented in writing”).  

As a consequence, data controllers have the right to demonstrate how the valid consent was obtained by using any means allowed under their legal systems. In that respect, the use of any means for keeping a record of the data subjects’ consent - such as, for example, written statements, also statements stored by electronic means, or tick boxes to be set on internet websites specifically addressing the consent to be sought for the envisaged data processing activities - could be recommended.

Stibbe, together with Chiomenti, Cuatrecasas, GIDE and Gleiss Lutz, have gathered this useful information, reflecting some common misconceptions about the implementation of the GDPR.

Team

Related news

07.12.2018 BE law
GDPR-roundtable on practical questions encountered during implementation

Roundtable - After the success of the roundtable sessions we held before the GDPR took effect (in May this year), our TMT team is enthusiastic about the session of 7 December, focusing on the lessons we have learned from working on multiple GDPR-matters in the past year. We will tackle some practical questions that we have encountered and that are not or cannot be readily answered by the new regulation.

Read more

07.12.2018 BE law
Virtual Currency Regulation Law Review

Articles - The first edition of the Virtual Currency Regulation Law Review is intended to provide a practical, business-focused analysis of recent legal and regulatory changes and developments, and of their effects, and to look forward at expected trends in the area of virtual currencies on a country-by-country basis.

Read more

Our website uses cookies: third party analytics cookies to best adapt our website to your needs & cookies to enable social media functionalities. For more information on the use of cookies, please check our Privacy and Cookie Policy. Please note that you can change your cookie opt-ins at any time via your browser settings.

Privacy – en cookieverklaring