ECHO EMISSARY

Glossary

Consent to personal data processing

Consent to personal data processing is a person's expressed permission under which a company collects, stores and uses their data for specific purposes.

What it is

The person allows: “you may use my data for this”. The key words are “for this”. Consent is given for specific purposes: to place an order, to review a loan application, to send offers. The data cannot be used for another purpose under the same consent.

How it looks in practice

In an application form there is a separate tick box with plain text: which data, why, for how long, to whom it may be passed, how to withdraw consent. The company keeps proof: the date, the source and the version of the text.

Consent is not the only lawful basis. Data is often processed because it is needed to perform a contract or is required by law. Which basis fits which task is decided by a lawyer, taking the laws of the particular country into account.

Why it matters

Consent can be withdrawn. After withdrawal the company must stop processing on that basis and sometimes delete the data. If processes are not built for this, a withdrawal becomes a dispute, and a dispute becomes a complaint to the regulator.

The typical mistake

One pre-ticked box “I agree to everything” at the end of a long text. In many countries such consent is not considered voluntary and specific.

The second mistake is consent to mailings hidden inside consent to data processing for a contract. These are different permissions and should be asked for separately. Rules depend on the country, so check with a lawyer.

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