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Month: May 2017

What the GDPR does – and doesn’t – say about consent

Meme courtesy of Jenny Lynn (@JennyL_RM)

You may have noticed that the General Data Protection Regulation is rather in the news lately, and quite right too considering there is only a year left to prepare for the most stringent and wide-reaching privacy law the EU has yet seen. Unfortunately however, in the rush to jump onto the latest marketing bandwagon, a lot of misleading and inaccurate information posing as “advice” in order to promote products and services is flourishing and appears to be drowning out more measured and expert commentary. Having seen a worrying number of articles, advertisements, blog posts and comments all giving the same wrong message about GDPR’s “consent” requirements, I was compelled to provide a layperson’s explanation of what GDPR really says on the subject.

So, let me start by saying GDPR DOES NOT MAKE CONSENT A MANDATORY REQUIREMENT FOR ALL PROCESSING OF PERSONAL DATA.

GDPRubbish

Unless you’ve been living under a rock, you’ll have noticed that there are lots of people talking about GDPR – which is a good thing.
However, there is lots of nonsense being talked about GDPR – which is a bad thing.
My Twitter timeline, LinkedIn feed and email inbox are being deluged with advertising for GDPR compliance “solutions” and services – which is fine as long as the product in question is treated as a tool in the toolbox and not a magic instant-fix-in-a-box spell for instant transformation
Based on some of the twaddle I’ve seen being talked about GDPR lately, and my own experience in supporting data protection within organisations, here is a list of markers which, should they appear in an article, advertisement or slideshow, should be a warning to treat the rest of the content with a hefty pinch of salt.

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