EDPB Guidelines on Consent

On 4 May 2020, the European Data Protection Board (EDPB) has adopted its Guidelines 05/2020 on consent. These Guidelines provide a thorough analysis of the notion of consent in the GDPR.

Background

The concept of consent as used in the former Data Protection Directive and in the current e-Privacy Directive to date, has evolved.The GDPR provides further clarification and specification of the requirements for obtaining and demonstrating valid consent.

Approach

The Guidelines focus on these changes and provide practical guidance to ensure compliance with the GDPR. For that purpose, they build upon the Article 29 Working Party Opinion 15/2011 on consent. The obligation is on controllers to innovate to find new solutions that operate within the parameters of the law and better support the protection of personal data and the interests of data subjects.

EDPB, Guidelines 05/2020 on consent under Regulation 2016/679, Version 1.1, 4 May 2020