ARTICLE · 09 JANUARY 2018

Article 29 Working Party Releases Guidelines On Consent Under The GDPR

Reed Smith (Worldwide)

Explore more from Reed Smith (Worldwide)

On 28 November 2017, the Article 29 Working Party ("WP29") published its guidelines on consent under the General Data Protection Regulation ("GDPR").

United KingdomPrivacy

Cynthia O'Donoghue

Author LinkedIn connections

On 28 November 2017, the Article 29 Working Party ("WP29") published its guidelines on consent under the General Data Protection Regulation ("GDPR"). The guidelines are open for public consultation until 23 January 2018. They provide an analysis of the concept of consent. They also provide practical guidance for organisations on the requirements to obtaining and demonstrating valid consent under the GDPR.

The concept of consent

Under GDPR, a data controller can only process personal data on the basis of one of six legal grounds. An individual's consent to processing is one of these lawful grounds. The GDPR defines consent as a "freely given, specific, informed and unambiguous" indication of an individual's wishes to signify agreement to the processing of their personal data.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

To Fine Or Not To Fine: EDPB Confirms Default Position In GDPR Enforcement Should Be To Fine

Crowell & Moring LLP

Joint Expert Meetings: Best Practice, Common Pitfalls, And What Instructing Solicitors Expect

United KingdomPrivacy

Stewarts Law LLP

Cybersecurity Threats: Prevention, Not Cure

United KingdomPrivacy

Penningtons Manches Cooper LLP

ICO Publishes Report On Data Protection Compliance Of Generative AI Foundation Model And Calls For Evidence

United KingdomPrivacy

Shadow AI: What Risks Are Hiding In The Shadows?

United KingdomPrivacy

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Privacy
- Data Protection

Related Comparative Guides

Comparative Guide

Data Protection & Cybersecurity

See more popular content from

Privacy

Data And Cyber Update - August 2026

Explore comprehensive legal insights and expert commentary across diverse practice areas and industries. Access thought leadership through written articles and podcast discussions that address current legal developments and emerging trends.

United KingdomPrivacy

Stephenson Harwood

ICO Cookie Crackdown 2.0: The ICO’s New Storage And Access Technologies Guidance

The UK Information Commissioner's Office has finalized its guidance on storage and access technologies, expanding compliance requirements beyond traditional cookies to include tracking pixels, device fingerprinting, and web storage. Organizations must now navigate stricter consent standards and three new narrow exceptions introduced by the Data (Use and Access) Act 2025, while facing significantly increased enforcement penalties of up to £17.5 million or 4% of annual worldwide turnover.

United KingdomPrivacy

Privacy Policy 101: What You Need To Know (And How To Stay Compliant)

In the digital age, data privacy is a critical concern for businesses and individuals alike. A key element of any organisation's data protection strategy is its privacy policy.

United KingdomPrivacy

Herrington Carmichael LLP

Is It A Bot? EU AI Act Transparency Rules Take Effect 2 August 2026

From 2 August 2026, the EU AI Act requires businesses to disclose when people are interacting with AI systems, mark synthetic content for detection, label deepfakes, and inform individuals...

United KingdomPrivacy

Travers Smith LLP

Significant Changes To UK Data Protection Legislation – Are You Still Compliant?

The Data (Use and Access) Act 2025 (the DUAA) officially became law in June 2025, with a phased enforcement model under which different provisions take effect at different times.

United KingdomPrivacy

Shepherd and Wedderburn

What The ICO’s Transformation Into The Information Commission Means For Your Organisation

On 30 September 2026, the Information Commissioner's Office formally becomes the Information Commission. It is the most significant structural change to the UK's data protection regulator in its history, and yet, many organisations are wondering what practical implications this change will have. Here's what you need to know.

United KingdomPrivacy

European Commission Press Release: EU AI Act Transparency Enforcement Starts This Sunday! Do You Know Who Your Chatbots Are? We Break Down The Commission’s Guidelines On Transparency Below

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.

Seyfarth Shaw LLP

ICO Consults On Draft Guidance On Anonymisation And Pseudonymisation For Research

The Information Commissioner's Office has launched a consultation on draft guidance addressing anonymisation and pseudonymisation for research, archiving and statistical purposes. This guidance provides critical insight into how organisations should apply data minimisation principles in modern research practices, including AI development, trusted research environments, and synthetic data generation.

United KingdomPrivacy

Burges Salmon LLP

ICO Launches Consultation On Draft Guidance Regarding Anonymisation And Pseudonymisation For Research Purposes

The UK's Information Commissioner's Office has opened a public consultation on draft guidance addressing anonymisation and pseudonymisation techniques for processing personal data in research, archiving, and statistical contexts. The guidance explores critical distinctions between anonymous and pseudonymous data, outlines required safeguards under UK GDPR, and examines emerging technologies including synthetic data and privacy-enhancing tools.

United KingdomPrivacy

EU’s Age Verification App: A Technical Fix For A Fragmented Legal Landscape?

The European Commission has launched a privacy-preserving age-verification app designed to help platforms comply with the Digital Services Act, but Member States are simultaneously implementing divergent national age...

European UnionPrivacy