CJEU Delivers Judgment On Conditions For Valid Consent In An Offline Context

On 11 November 2020, the Court of Justice of the European Union (CJEU) in Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP) (Case C-61/19) delivered its preliminary ruling on the issue of valid consent under the General Data Protection Regulation 2016/679/EU (GDPR) and Directive 95/46/EC. You can read the judgment here.

The CJEU held that a printed contract for mobile telecommunication services containing a clause stating that the customer has consented to the collection and storage of their identity documents does not constitute valid consent where the box referring to that clause has been pre-ticked by the data controller before the contract was signed.