Overview

This article ensures that consent for processing personal data is freely given, specific, informed, and unambiguous. Organizations must provide clear consent requests, document consent, and allow data subjects to withdraw consent easily at any time.


Key Principles

  • Freely Given: Consent must be provided without coercion or undue pressure.

  • Specific: Consent must cover defined purposes and processing activities.

  • Informed: Data subjects must be aware of what they are consenting to, including risks and purposes.

  • Unambiguous: Consent requires a clear affirmative action or statement.

  • Withdrawal: Data subjects must be able to withdraw consent easily and at any time.

  • Transparency: Consent requests must be distinguishable from other matters and not hidden in terms or conditions.


Organizational Applicability

This article applies to all organizations that process personal data, provided the processing falls within the EU’s jurisdiction:

  • Organizations relying on consent as a legal basis for personal data processing.

  • Public and private sector entities seeking to ensure GDPR-compliant consent collection.

  • Teams managing user interfaces, forms, marketing communications, or customer data collection.

Implementation Requirements

  • Implement processes to collect freely given and specific consent.

  • Maintain records of consent including timestamp, scope, and method of consent.

  • Provide mechanisms to allow easy withdrawal of consent.

  • Ensure consent requests are clear, unambiguous, and distinguishable from other communications or agreements.

Implementation Guidance

  • Design forms and interfaces that explicitly request consent and clearly state purposes.

  • Track and log consent in a centralized system or consent management platform.

  • Notify users of their right to withdraw consent and provide simple methods for doing so.

  • Periodically review consent mechanisms to ensure continued compliance with GDPR standards.

Periodic Review

  • Frequency: Annually or whenever consent collection methods are updated.

  • Responsible Role: Data Protection Officer (DPO) or Compliance Team.

  • Outcome: Ensure consent practices remain GDPR-compliant and well-documented.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover.

  • Legal Exposure: Enforcement actions, complaints, or invalid consent challenges.

  • Reputational Damage: Loss of trust from customers and regulatory scrutiny.

  • Operational Risk: Processing data without valid consent may require ceasing activities or data deletion.