On 28 November 2017, the Article 29 Working Party (“WP29”) published its guidelines on consent under the General Data Protection Regulation (“GDPR”). The guidelines are open for public consultation until 23 January 2018. They provide an analysis of the concept of consent. They also provide practical guidance for organisations on the requirements to obtaining and demonstrating valid consent under the GDPR.

The concept of consent

Under GDPR, a data controller can only process personal data on the basis of one of six legal grounds. An individual’s consent to processing is one of these lawful grounds. The GDPR defines consent as a “freely given, specific, informed and unambiguous” indication of an individual’s wishes to signify agreement to the processing of their personal data.

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