{"id":192142,"date":"2025-01-08T11:30:36","date_gmt":"2025-01-08T11:30:36","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=192142"},"modified":"2025-01-08T22:49:44","modified_gmt":"2025-01-08T22:49:44","slug":"implied-consent-risks-gdpr","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/data-privacy-it\/implied-consent-risks-gdpr\/","title":{"rendered":"Implied Consent Risks Under GDPR: What Your Business Needs to Know\u00a0"},"content":{"rendered":"\n

Processing personal information is subject to strict rules. In particular, data controllers must carefully consider their legal basis for processing personal data. Under the UK General Data Protection Regulation (GDPR), consent is a lawful ground for processing the personal data of data subjects<\/a>. Under the GDPR, express or implied consent must be freely given, specific, informed, and unambiguous. It must also be able to be withdrawn at any time.<\/p>\n\n\n\n

Many businesses mistakenly believe they can simply infer or imply consent from someone’s behaviour. However, businesses cannot assume consent from an individual, e.g., through silence, inactivity, or pre-ticked boxes. Misunderstanding the consent requirements can lead to non-compliance, fines, and reputational damage. This article explores the rules around consent under the UK GDPR, the problems of implied consent, and how your business can manage consent correctly, considering the guidance of the UK ICO. <\/p>\n\n\n\n

How Can Your Business Process Personal Data Lawfully?<\/h2>\n\n\n\n

The UK GDPR requires your business to identify a lawful basis for every processing activity. Consent is one of six lawful bases<\/a>, but it is not always the most appropriate.\u00a0<\/p>\n\n\n\n

Your business should carefully assess whether an alternative basis (such as legitimate interests or contractual necessity) is more suitable for the relevant processing activities; given consent can be a problematic lawful basis to rely upon. Individuals must have genuine choice and control over whether their data is processed for consent to be valid. <\/p>\n\n\n\n

What Should You Know About Consent Under the UK GDPR?<\/h2>\n\n\n\n

For consent to be valid under UK GDPR<\/a>, individuals must actively indicate their agreement, such as by signing a form or clicking a confirmation button. Simply remaining silent or failing to opt out will not qualify as valid consent. Your business must ensure consent involves a clear and deliberate action, leaving no room for ambiguity. <\/p>\n\n\n

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GDPR Essentials Factsheet<\/div>\n
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This factsheet sets out how your business can become GDPR compliant.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n

Consent must also be specific and informed, individuals must understand precisely what they agree to and for what purposes their data will be used. Providing vague consent options<\/a> undermines transparency and invalidates consent.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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