Explicit Consent

Explicit consent is a crucial concept in data protection and privacy regulations, including GDPR. It refers to obtaining clear and specific permission from individuals before collecting and processing their personal data. This level of consent requires that individuals actively and knowingly agree to the data processing activities, especially for sensitive data or when the data will be used for specific purposes.

Characteristics of Explicit Consent

Key features of explicit consent:

• Clear and Informed: Individuals must be provided with transparent information about what data will be collected, why it will be collected, and how it will be used.
• Unambiguous: Consent must be given through a clear affirmative action, such as ticking a checkbox or clicking an opt-in button.
• Separate and Granular: Explicit consent requests should be separate from other terms and conditions, and individuals should have the option to consent to specific data processing purposes.
• Revocable: Individuals should have the ability to withdraw their consent at any time without facing negative consequences.

When Is Explicit Consent Required?

Explicit consent is typically required when:

• Sensitive Data: Processing sensitive data such as health information, racial or ethnic origin, political opinions, religious beliefs, etc.
• Automated Decisions: Using automated processing that has legal or significant effects on individuals.
• Data Transfer: Transferring personal data outside the European Economic Area (EEA) to countries without adequate data protection laws.

Collecting Explicit Consent

Best practices for obtaining explicit consent:

• Clear Language: Use clear and plain language that individuals can easily understand.
• Separate Consent: Ensure that consent requests are separate from other terms and conditions.
• Granular Options: Allow individuals to consent to specific purposes and provide checkboxes for each purpose.
• No Pre-Ticked Boxes: Do not use pre-ticked checkboxes to obtain consent.
• Record Keeping: Keep records of when and how consent was obtained.

Conclusion

Explicit consent is a cornerstone of data protection and privacy regulations, emphasizing the importance of informed and voluntary agreement from individuals for the processing of their personal data. Organizations must ensure that their consent mechanisms are clear, unambiguous, and compliant with relevant laws to respect individual rights and privacy.