Permission
Tags: algemene verordening gegevensbescherming, avg, cookies, free, GDPR, General Data Protection Regulation, impliciete toestemming, implicit permission, ondubbelzinnige toestemming, op informatie berustend, permission, personal data, persoonsgegevens, specific, specifiek, stilzwijgende toestemming, toestemming, unambiguous consent, vrij.
Consent is defined in the General Data Protection Regulation (GDPR). Previously, the ‘permission’ required that it consist of an expression of will that is free, specific and informed. With the advent of the GDPR, consent is also required to be unambiguous. This means that the processing is accepted by means of a statement or an unambiguous act.
This active act can consist of a written or an oral statement (although: oral is difficult to demonstrate and therefore not recommended). The active action can be done, for example, by clicking on a box, selecting technical settings, ticking a tickbox, or any other statement or action demonstrating consent (recital 32 GDPR). Clicking through on a website seems to suffice (provided that: free, specific, informed).
Permission must always be demonstrable. Oral consent will, therefore, be difficult to prove in practice. Consent must be able to be withdrawn at any time.
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