Introduction to Consent Management:
Consent management refers to managing users’ consents for the processing of their personal data. This is a core part of the GDPR that ensures that consents are lawful, informed and documented. Here are the requirements explained in detail:
Consent (Article 6 and Article 7 GDPR):
- Obtain consent: Websites must obtain consent from users before processing personal data, unless there is another lawful basis for the processing.
- Voluntary and informed consent: Consent must be voluntary, specific, informed and unambiguous. Users must actively consent, e.g. by checking a box.
Documentation and proof (Article 7 GDPR):
- Proof of consent: Websites must be able to prove that users have given their consent. This requires adequate documentation that records when and how consent was given and what information was provided to users.
- Storage of consents: Consents should be stored securely in order to be able to prove that consents were properly obtained in the event of an audit by the supervisory authorities.
Revocation of consent (Article 7 paragraph 3 GDPR):
- Right of withdrawal: Users must be able to withdraw their consent at any time. Withdrawal must be as easy as giving consent. Websites must provide clear and simple mechanisms to enable withdrawal of consent.
- Information on the right of withdrawal: Users must be informed of their right to withdraw consent and the possibility to exercise this right.
Transparency and information (Article 13 and Article 14 GDPR):
- Information obligations: Websites must inform users in a clear and understandable manner about the processing of their personal data. This information should be included in the privacy policy and should include:
- The identity of the controller
- The purposes of processing
- The categories of personal data
- The recipients or categories of recipients of the data
- The storage period of the data
- The rights of data subjects, including the right to withdraw consent
Relevant articles of the GDPR:
- Article 6: Lawfulness of processing
- Article 7: Conditions for consent
- Article 13: Obligation to provide information when collecting personal data from the data subject
- Article 14: Obligation to provide information if the personal data were not collected from the data subject
Summary:
Effective consent management is crucial to meeting GDPR requirements. Websites must ensure that they obtain, document and manage user consent lawfully and in an informed manner. Users must have the option to withdraw their consent at any time and be fully informed of their rights. Implementing a robust consent management system will improve user privacy protection and ensure GDPR compliance.
