Should we rely on consent?
- Don’t use pre-ticked boxes, opt-out boxes or another default setting when obtaining consent;
- Wherever possible, give separate (‘granular’) options to consent to different purposes and different types of processing (for example separate consent to receive information by email than by SMS message);
- Make sure that the request for consent is clear and unambiguous;
- Keep the request for consent prominent concise and easy to understand;
- Keep the consent opt in separate from other terms and conditions (it must be freely given);
- Ensure that the individual can refuse consent without receiving a reduced service (for example still access some areas of a website without a login);
- Keep records to evidence consent – who consented, when, how, and what they were told.
- Make it easy for people to withdraw consent at any time they choose. Consider using preference-management tools.
What should we tell individuals?
- the name of your organisation;
- the name of any third-party controllers who will rely on the consent;
- what information is being collected
- why you want the information;
- what you will do with it; and
- that individuals can withdraw consent at any time.
Keep under review
- check that consent is the most appropriate ground legal for processing
- check that consent can be given (for example is the individual vulnerable or a child?)
- is consent freely given (rather than tied in with agreement to wider terms and conditions)
- make sure that you have clearly told individuals what you will be doing with their data (and not use it for any other purpose)
- make sure your Privacy Notice and any wording around the consent is clear about processing based on consent
- make sure that you have allowed individuals to choose how they want to be contacted (SMS, email, etc)
- make sure that unsubscribing (or withdrawing consent) is straightforward
- regularly review the consent gathering process (and how long you rely on an individuals’ consent)
- keep records
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