You need someone's explicit consent if you want to process special personal data about them.
Note: Does the law already stipulate that you may process special personal data? If so, you do not need explicit consent as well.
Special personal data
Personal data that by their nature are particularly sensitive are given extra protection in the General Data Protection Regulation (AVG). For example, medical data and biometric data. We call this special personal data.
It is illegal to process special personal data. Unless you can invoke 1 of the 10 exceptions listed in the AVG. Express consent of the data subject (the person whose data you want to process) is one such exception.
What is explicit consent?
Express consent is an aggravated form of consent. This makes express consent (Article 9 AVG) slightly different from the "normal," unambiguous consent that is one of the 6 bases for processing data (Article 6 AVG).
Explicit consent requires more than unambiguous consent. The term "explicit" refers to the manner in which the individual expresses his or her consent.
It means that the data subject must give an express statement of consent. See further: How to get express consent.
Other requirements for explicit consent
Furthermore, explicit consent is subject to the same requirements as "normal," unambiguous consent.
First, express consent is valid only if it is freely given. This means, among other things, the following:
Those affected should not feel pressured to give consent. Are you an employer? Then your employees are dependent on you. And therefore not in a position to freely give or refuse consent.
A person who refuses should not be adversely affected.
Furthermore, consent must be specific, based on sufficient information, and given with an unambiguous, active act.
For more information, see: When may you rely on the basis of consent?
