An article from: Luke Scanlon, Pinsent Masons, February 3rd 2015
“If a business wants to process data that relates to a person located in the EU, it must comply with EU privacy laws. By far one of the easiest ways to lawfully process personal data is by obtaining consent from the person whose data a business would like to process.
But how does a business demonstrate that it has obtained valid consent from a customer or user of its services? This is one issue that remains controversial as review continues at EU level of the European Commission’s proposal for a new EU-wide data protection law – the General Data Protection Regulation.” – Luke Scanlon, Pinsent Masons, February 3rd 2015
Luke’s article provides a great overview of the key changes that GDPR will mean for gathering data and obtaining valid consent. He takes a look at previous versions of consent law and how past legislation has been interpreted with a view to predicting how the courts will interpret this latest legislation overhaul.
There is also mention of the differences in opinion between some of the key decision making bodies within the EU, and their varying amends to the law before a final agreement was reached. Their concerns paint consent in a new light and highlight the aims behind the new law.