{"id":24288,"date":"2018-01-05T10:01:25","date_gmt":"2018-01-05T10:01:25","guid":{"rendered":"https:\/\/www.highspeedtraining.co.uk\/hub\/?p=24288"},"modified":"2024-05-17T13:48:02","modified_gmt":"2024-05-17T12:48:02","slug":"gdpr-consent-requirements","status":"publish","type":"post","link":"https:\/\/www.highspeedtraining.co.uk\/hub\/gdpr-consent-requirements\/","title":{"rendered":"GDPR Consent Requirements"},"content":{"rendered":"

The introduction of the General Data Protection Regulation (GDPR) on the 25th<\/sup> May 2018, will cause the biggest shake up data protection laws have seen in the last 20 years. This significant piece of EU legislation has been introduced to unify data protection law across Europe, in the hope of improving consumer confidence, engagement, and privacy.<\/p>\n

So, what does this mean in practice? <\/em>Put simply, the legislation aims to give people the right to manage how companies use their data. It sounds straightforward enough, but ensuring your business gets clear consent can be a challenge.<\/p>\n

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What does Consent Mean Under GDPR?<\/h2>\n

\u201cConsent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject\u2019s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement.\u201d\u00a0\u2013<\/em> Recital 32 of GDPR.<\/p>\n

Under current data protection laws, individuals must \u201csignify\u201d their agreement that an organisation can use their data. Boxes can be pre-ticked or consent can be predetermined as a condition of a sale or competition entry.<\/p>\n

However, under GDPR, the standard of consent required is now much higher. This creates a challenge for businesses, charities and public bodies, as a failure to opt-out and vague or blanket consent will no longer be acceptable.<\/p>\n

Once GDPR comes into force, marketers can only send communications to customers who clearly and affirmatively requested to receive the information.<\/p>\n

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Need a Course?<\/h3>\n<\/div>\n<\/div>\n

Our GDPR Training Course<\/a> is suitable for anyone who has responsibility for implementing the changes brought about by the GDPR. It will outline your main responsibilities and help you to start making the necessary changes.<\/p>\n<\/div>\n

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Why is Consent Important?<\/h2>\n

GDPR states that gaining consent is the ‘one lawful basis for processing data’. Without consent, you have no legal grounds to process or control data. Relying on inappropriate or invalid consent could destroy trust, harm reputations and, ultimately, lead to substantial fines.<\/p>\n

By securing consent, people have control over how businesses use their personal data. This enhances consumer trust and engagement and strengthens businesses reputations. It will also create leaner, more efficient databases for marketers.<\/p>\n

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What Determines Valid Consent?<\/h2>\n

At the point where a person\u2019s data is acquired, you must offer a clear statement that provides specific, granular choices about how you will use their data. The consent statement must be separate from terms and conditions, be concise, easy to understand and user-friendly. Statements must also include the names of any third-party data controllers who may rely on that consent to process data.<\/p>\n

This approach applies to all forms of communications, be it email, telephone, SMS or direct mail.<\/p>\n

As well as this, businesses need to be able to prove that they received consent from data subjects, <\/strong>meaning the responsibility is placed firmly with the data processors and controllers.<\/p>\n

You must use the following information to form part of the consent record for a user:<\/p>\n