An article from: Marta Dunphy-Moriel and Leonie Power, Field Fisher, November 13th 2015
“One of the most hotly debated issues of the new General Data Protection Regulation (GDPR) is that of consent. The controversy arises from the proposed stricter requirements for consent and reforms to the so called “legitimate interests” grounds.
While the “consent” and “legitimate interests” grounds are just two of a number of grounds for justifying the processing of personal data, they are the grounds that are most commonly relied upon for the purposes of the Directive. The proposals under the GDPR with regard to these data processing grounds could have serious practical implications for business.” – Marta Dunphy-Moriel and Leonie Power, November 13th 2015
This piece from legal experts Marta and Leonie gives a great comparison of the current legal basis for consent and what will be changing as 2018 approaches. They highlight the key difference between ‘implied’ and ‘express’ consent and what the practical implications of this will be for businesses handling personal data.
Of particular note is their breakdown of legitimate interests – one of the most confusing parts of the legislation for marketers.