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ARTICLE · 17 APRIL 2018

A Few Smartphone Pushes Instead Of Endless Scrolling Through Terms And Conditions

Two new documents were issued in December 2017 by the EU's Article 29 Data Protection Working Party explaining how to interpret and apply the provisions of the General Data Protection Regulation ...

European UnionPrivacy

Two new documents were issued in December 2017 by the EU's Article 29 Data Protection Working Party explaining how to interpret and apply the provisions of the General Data Protection Regulation on the consent that must be obtained from data subjects and the information that must be provided to data subjects for processing their data. The Guidelines on Consent under Regulation 2016/679 and the Guidelines on Transparency under Regulation 2016/679 demonstrate that the era of lengthy, fine-print terms and conditions is over. Data controllers will achieve better compliance with the GDPR by using brief and easily understood FAQ and notices.

This follows first from an increasingly restrictive understanding of the notion that consent must be freely given. Obviously consent is not free if it must be given to enter into an agreement, e.g. if a mobile app for photo editing requires users to activate their GPS localisation. The Guidelines on Consent point to another instance

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