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What should you look for in the consent basis?

Question & Answer

ANSWER

Do you want to base your processing on the basis of consent? For example, because you want to send a newsletter? The General Data Protection Regulation (AVG) sets a number of requirements for valid consent. You must therefore pay attention to these if you want to base your processing on the basis of consent.

Consent requirements

The AVG contains a number of requirements that consent must meet. Does the consent not meet these requirements? Then the consent is not valid. You may then not process the personal data.

Requesting permission

The General Data Protection Regulation (GDPR) does not prescribe the exact form in which you must seek consent. So it is up to you How you ask for consent. As long as you can prove that you actually obtained consent.

Register consent

Just asking permission is not enough. You must be able to prove that you have actually received consent. Therefore, it is advisable to record the consent.

Revoke consent

People have the right to withdraw their consent. That should be as easy as giving consent.

For example, what is not allowed: people can give consent online with one click or swipe, but must call customer service or write a letter if they want to withdraw their consent.

So make sure people can withdraw their consent as easily as they gave their consent.

Consent in children

Do you target children (under 16), for example, with a website or app? Or do you know that many children use it? Then you must Check whether a parent or guardian has given permission.. Consent from the child itself is not valid.

Also note that the AVG gives children extra protection from marketing. For example, stricter profiling rules apply.

Other bases

Please note that it is a misunderstanding that you would need consent for all processing of personal data. You can often base your processing on one of the other bases. This provides a more stable basis for your data processing because consent can be withdrawn.