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February 8 2018

Working Party publishes guidance on GDPR consent

The EU's Article 29 Working Party has adopted guidelines on the meaning of consent under the EU General Data Protection Regulation (GDPR).

In this Guidance, consent should be a reversible decision where a degree of control must remain with the data subject. The Guidance provides additional detail on what is necessary to ensure that consent satisfies the requirements of the GDPR. It includes information on whether consent is freely given, specific, informed, and clear affirmative action on consent.

It also details the meaning of explicit consent, how consent is demonstrated, and provides guidance on children's consent, meaning, GDPR requires parental consent in relation to the processing of children's personal data in the context of information society services offered directly to children.