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ARTICLE · 01 SEPTEMBER 2011

Article 29 Working Party Explains Notion Of "Consent" Under EU Data Protection Directive

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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On 13 July 2011, the Article 29 Working Party (the "Working Party"), the independent European advisory body on data protection and privacy, adopted an opinion on the definition of consent (WP 187) (the "Opinion").

European UnionIntellectual Property
Monika Kuschewsky
Monika Kuschewsky
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On 13 July 2011, the Article 29 Working Party (the "Working Party"), the independent European advisory body on data protection and privacy, adopted an opinion on the definition of consent (WP 187) (the "Opinion"). The Opinion explains the notion of consent on the basis of a detailed analysis of the key elements of the definition of consent in EU Directive 95/46/EC (the "Data Protection Directive") and also briefly discusses how consent is used under EU Directive 2002/58/EC (the "ePrivacy Directive"). In addition, the Opinion contains a number of recommendations for the ongoing review of the Data Protection Directive.

The Opinion notes that there are different approaches and divergent views of good practice in different Member States and wishes to clarify matters to ensure a common understanding of the existing legal framework.

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