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Is consent mandatory under the GDPR?

No, the GDPR reminds that consent is one of the legal justifications for the admissibility of treatment. There are several exceptions for which one obtains an approval that is not explicitly mentioned in the GDPR:ussi :

  • the execution of a contract;
  • compliance with a legal obligation to which the controller is subject;
  • where the processing is necessary to safeguard the vital interests of the data subject or of another natural person;
  • where the processing is necessary for the performance of a public-interest mission or the exercise of public authority of which the controller is responsible;
  • where processing is necessary for the legitimate rights of the controller or a third party. Unless a person's interests or fundamental rights and freedoms require the protection of personal data, especially if the person concerned is a child;

 On the other hand, it reinforces the rules applicable to consent.


How do I obtain valid consent?

Consent consists of a clear and unambiguous written statement or positive act. NO pre-checked boxes or implied consent.

The consent must be informed: Inform the person concerned in clear language of the intended use of the data. The person must be aware of the consent given and its scope. Do not use negation.

The consent must be free and specific: It must be given for a specific purpose (sending your commercial proposals and not YOUR proposals or those of your partners). It should not be forced (i.e. associated with a discount, a gift or even the execution of a service when not necessary). We must distinguish between consent to data processing and consent to Terms and Conditions, for example.

Inform the person that they have the right to revoke their consent at any time, stating that it is as simple to withdraw consent as to grant it. 


How can I be sure that the proof of consent is correct?

We advise you to keep a record of what the person has consented to, the moment they consented and who consented. Traceability of consent actions must be implemented: consent, purpose and revoked consent.