What is GDPR’s definition of “consent”?

Under the General Data Protection Regulation (GDPR), “consent” refers to a freely given, specific, informed, and explicit indication of agreement to the processing of personal data. To be considered valid, consent must be an affirmative action. In other words, it must be stated in clear and unambiguous language and involve a positive action, such as ticking a box or clicking a button, in order to indicate agreement. Consent is considered to be “specific” when it is given for a specific purpose. This means that individuals must be informed about exactly what they are consenting to and given the option to consent to some aspects, but not others. For consent to be “informed,” individuals must know what will happen to their data when they give consent. They must also be aware of their right to withdraw their consent at any time. GDPR defines “explicit” consent as meaning that individuals must give their consent in a clear and precise way, for example, by using a statement or other clear affirmative action. Under the GDPR, individuals must be able to demonstrate that their consent was given freely, and that it was given without any manipulation or coercion. Unless a data controller can prove a legal basis for processing data without consent, the controller must seek the individual’s consent before collecting and processing their personal information. Failure to do so is a violation of data security law in Florida.

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