Justifying Data Uses - from Consent to Legitimate Interests
"Under the Data Protection Directive, each instance of data processing requires a legal justification - a ""ground for processing"". This fundamental feature of EU data protection law remains unchanged under the draft Regulation. However, the bar for showing the existence of certain grounds for processing will be set higher, particularly in relation to consent. Businesses will need to review existing templates and procedures to ensure any consents are clearly distinguished. Businesses processing personal data of minors under 13 on the basis of consents will need to prepare strategies for obtaining guardian consents or authorizations. Employers need to minimise the need for obtaining employee or other similarly positioned data subjects ' consent."