GDPR: Grasping the Nettle – the stinging issues of consent

Another great article from SCL – this time Matthew Holman and Lewis Borg analyse some of the issues on consent under GDPR and challenge the ICO to clarify some of its guidance.

Here’s a taster from the opening of the article:

We all know that the GDPR introduces widespread changes to many areas of data protection law and, as has been widely reported, the threshold for consent and the processes surrounding its use are changed. This article is not meant to be a summary of how and why consent is changing or a discussion of the basic issues which underlie consent as a lawful basis of processing personal data. Rather, it expounds the more complex aspects of the new definition of consent, examines critically the key gaps presented by the ICO’s draft guidance, pauses to consider the draft e-Privacy Regulation (ePR) and the thorny issues of direct marketing before concluding with a challenge to the ICO regarding the final form of its consent guidance due to be published during December 2017 to coincide with the Article 29 Working Party guidance.

Read the full article here:



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