The European Data Protection Board Adopts New Guidelines On Consent

On the 4^th of May 2020, the European Data Protection Board (EDPB) issued fresh guidelines on 'consent' titled Guidelines 05/2020 on consent under Regulation 2016/679 (Guidelines). These new Guidelines have replaced the original guidelines which were previously adopted by what was formerly known as the Article 29 Working Party and which were last revised on the 10^th of April 2018.

Under the General Data Protection Regulation 2016/679 (GDPR) there are 6 legal bases for processing personal data, these being: consent, contract, legal obligation, vital interests of the data subject or of another natural person, public interest and legitimate interest.

Consent, which according to Article 4(11) of the GDPR must be freely given, specific, informed and unambiguous for it to be legally valid, has been at the forefront of several controversies. The Guidelines address two issues relating to consent; firstly, the EDPB goes on to clarify the concept of 'freely given consent'