Consent
When is consent required?
Consent must be obtained whenever data is processed under this legal basis.
As a reminder, consent is required if one of the following situations does not apply: legal obligation, performance of a contract, public task, legitimate interest or safeguarding vital interests.
How to obtain consent
Consent must be:
- free: neither coerced nor influenced
- specific: consent must correspond to a single processing operation, for a given purpose
- informed: the individual must have been properly informed before giving consent (identity of data controller, purposes of processing, data collected, right to withdraw consent, etc.).
- unambiguous: consent must be given unambiguously through a clear declaration or positive act. (pre-ticked or pre-activated boxes are not unambiguous, as they result from inaction of the individuals).
Right to withdraw consent
Individuals must be able to withdraw their consent at any time and simply.
Keep proof of consent
The data controller must be able to demonstrate at any time that an individual has indeed consented, under valid conditions.