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ARTICLE · 20 DECEMBER 2017

Consent Under The GDPR: Official Guidance Now Available

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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One of the most striking changes to EU privacy law under the EU's General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent.

European UnionPrivacy
Susan Foster
Susan Foster
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One of the most striking changes to EU privacy law under the EU's General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent. For many years, companies operating in the EU (as elsewhere) have relied heavily on user consent to achieve compliance with the relevant data protection and direct marketing laws. When the GDPR was first published, it became clear that the EU intended to crack down on the use of consent in many common situations where the EU felt that individuals were not being treated fairly.

Draft guidance published on Dec. 18 by a key advisory body representing the EU’s national data protection authorities , the Article 29 Working Party (WP29), has confirmed that regulators will approach consent strictly. The guidance is worth reading in full. Some highlights:

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