What Are The Requirements For GDPR Consent?

The GDPR sets out several requirements for valid consent, which include:

Freely given

Consent must be given freely, without coercion or pressure. This means that individuals must have a real choice & be able to refuse or withdraw their consent without suffering any negative consequences. For example, organizations cannot make consent a condition of using their services unless consent is necessary for the service to be provided.

Specific

Consent must be specific to the purposes for which the data will be used. This means that organizations must be clear about what they are asking for consent to do with the data, & individuals must be able to understand the scope of the processing. If an organization wants to use the data for a different purpose than was originally agreed upon, it must obtain separate consent for that new purpose.

Inform

Individuals must be fully informed about the processing of their data before they give their consent. This means that organizations must provide clear & understandable information about who is processing the data. They must be aware of their data collection, utilization, process, & retention. Organizations must also provide individuals with information about their rights under the GDPR.

Unambiguous

Consent must be given through a clear affirmative action. This means that organizations cannot rely on pre-ticked boxes or assumed consent. Instead, individuals must take clear action to indicate their consent, such as checking a box or clicking a button. Silence or inactivity cannot be considered as consent.

Revocable

Individuals have the right to withdraw their consent at any time. This means that organizations must provide individuals with an easy & accessible way to withdraw their consent, such as an unsubscribe link or an opt-out mechanism. Once an individual withdraws their consent, the organization must stop processing their data.

Age-appropriate

Where data is being collected from children, consent must be given by a parent or guardian. The GDPR sets the age of consent at 16, but individual EU member states can choose to lower it to 13. Organizations must verify the age of the individual and obtain the appropriate level of consent. They must also use language & information that is appropriate for the age group of the individual.

What If The GDPR Consent Requirements Are Not Met?

If the requirements for GDPR consent are not met, then the processing of personal data is considered unlawful. This means that the data controller (the organization responsible for processing the data) may be subject to penalties & fines from data protection authorities.

In particular, the GDPR empowers data protection authorities to impose fines of up to 4% of a company’s global annual revenue or €20 million (whichever is greater) for serious breaches of the GDPR, including those related to consent. Fines can be issued on top of other sanctions such as corrective orders, suspensions of processing, & data breaches.

In addition to the risk of fines and sanctions, failing to meet GDPR consent requirements can damage an organization’s reputation & erode consumer trust. Data subjects also have the right to bring legal action against organizations for breaching their GDPR rights, which can lead to costly lawsuits & reputational damage.

Therefore, it is important for organizations to take GDPR consent requirements seriously & ensure that they are obtaining valid, informed, and freely given consent for the processing of personal data.