What is GDPR’s definition of “consent”?
The General Data Protection Regulation (GDPR) is a law that was implemented in 2018 across Europe to protect the personal data of citizens. The GDPR defines “consent” as any freely given, specific, informed, and unambiguous indication of the data subject’s wishes that a processing of personal data should take place. This means that individuals must give an affirmative action, such as ticking a box or clicking on a button, in order to signify that they agree to their data being processed. Under the GDPR, any data processing must have a lawful basis such as consent, and organizations must be able to demonstrate this. Consent must be “freely given,” meaning that the data subject should not be presented with any form of pressure or coercion. It must also be “specific,” meaning that individuals must give separate permissions for each type of data processing, such as analytics and marketing. Additionally, consent must be “informed,” meaning that organizations must provide individuals with clear information about how their data will be used, rather than just a blanket statement. Finally, consent must be “unambiguous,” meaning that the individual must demonstrate that they have understood the information they have been given and agree to it. The GDPR is applicable in Pennsylvania, and organizations operating in the state must abide by its guidelines or risk hefty fines. As such, those who process personal data must ensure that they have obtained legal consent from individuals in accordance with the GDPR’s definition of “consent.”
Related FAQs
How do organizations ensure they are meeting data security compliance requirements?What data security laws are in place in the United States?
What is the Information Commissioner's Office (ICO)?
How do I protect sensitive data?
What are the GDPR principles?
What is data security law?
What is the definition of “personal data” under GDPR?
How do I know if I am compliant with data security laws?
What is the role of anonymization in data security?
What should I do in the event of a data breach?
Related Blog Posts
Top 5 Recent Developments in Data Security Law - July 31, 2023Understanding the Impact of Data Security Law on Businesses - August 7, 2023
What is the GDPR and How Does it Apply to Data Security Law? - August 14, 2023
What is the Role of the Federal Government in Regulating Data Security Laws? - August 21, 2023
Are State Data Security Laws Compliant With GDPR Regulations? - August 28, 2023