GDPR Article 7
Conditions for consent
Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
· GDPR Article 7 Compliance Guide
Article 7 of the GDPR establishes the requirements for valid consent as a legal basis for processing personal data. While obtaining proper consent may seem challenging, implementing these requirements effectively can build trust with your customers while ensuring compliance.
Core Requirements: Breaking Down Article 7
1. Demonstrable Consent
You must be able to prove consent was given – not just claim it happened.
2. Clear and Distinguishable Requests
Consent requests must stand out from other information and be easily understood.
3. Easy Withdrawal
Withdrawing consent must be as simple as giving it.
4. Freely Given
Consent cannot be bundled with other services or made a condition for service when unnecessary.
Practical Implementation Guide
Building Demonstrable Consent Systems
Documentation Strategy:
Create comprehensive consent records containing:
What the individual consented to (specific purposes)
When consent was obtained (timestamp)
How consent was obtained (method)
The exact wording presented to the individual
Who obtained the consent (if relevant)
Technical Implementation:
Use time-stamped database entries for online consent
Implement electronic signature solutions for digital forms
Design consent workflows that automatically generate audit trails
Creating Clear Consent Requests
Design Best Practices:
Use visual separation techniques (boxes, different colors, fonts)
Implement multi-layered notices with summaries and detailed explanations
Create purpose-specific consent options rather than bundled consent
Language Guidelines:
Write at approximately 8th-grade reading level
Avoid legal jargon and technical terminology
Test consent language with representative users
Consider using icons or visuals to enhance understanding
Implementing Easy Withdrawal Mechanisms
User-Friendly Withdrawal Tools:
Create a dedicated "Consent Management" section in user accounts
Implement one-click unsubscribe links in all communications
Establish clear consent withdrawal procedures for phone/in-person requests
Design automated systems to process withdrawals within 24 hours
Staff Training:
Train customer service teams to recognize and properly handle withdrawal requests
Create scripts for handling withdrawal scenarios
Document withdrawal procedures in employee handbooks
Ensuring Freely Given Consent
Service Decoupling Strategy:
Review all processes where consent is requested
Separate necessary processing (contract performance) from optional processing
Create clear "No thank you" options with no negative consequences
Document your reasoning for data processing that's truly necessary
Conditional Service Assessment:
Conduct an audit of all services requiring consent
Document justification for any conditional consent requirements
Implement alternative options where feasible
Testing Your Consent Framework
Create a regular review cycle that tests:
Whether your consent mechanisms are working correctly
If withdrawals are being processed promptly
Whether staff understand consent requirements
If your documentation is complete and accessible
· GDPR Article 7 Compliance Guide
Article 7 of the GDPR establishes the requirements for valid consent as a legal basis for processing personal data. While obtaining proper consent may seem challenging, implementing these requirements effectively can build trust with your customers while ensuring compliance.
Core Requirements: Breaking Down Article 7
1. Demonstrable Consent
You must be able to prove consent was given – not just claim it happened.
2. Clear and Distinguishable Requests
Consent requests must stand out from other information and be easily understood.
3. Easy Withdrawal
Withdrawing consent must be as simple as giving it.
4. Freely Given
Consent cannot be bundled with other services or made a condition for service when unnecessary.
Practical Implementation Guide
Building Demonstrable Consent Systems
Documentation Strategy:
Create comprehensive consent records containing:
What the individual consented to (specific purposes)
When consent was obtained (timestamp)
How consent was obtained (method)
The exact wording presented to the individual
Who obtained the consent (if relevant)
Technical Implementation:
Use time-stamped database entries for online consent
Implement electronic signature solutions for digital forms
Design consent workflows that automatically generate audit trails
Creating Clear Consent Requests
Design Best Practices:
Use visual separation techniques (boxes, different colors, fonts)
Implement multi-layered notices with summaries and detailed explanations
Create purpose-specific consent options rather than bundled consent
Language Guidelines:
Write at approximately 8th-grade reading level
Avoid legal jargon and technical terminology
Test consent language with representative users
Consider using icons or visuals to enhance understanding
Implementing Easy Withdrawal Mechanisms
User-Friendly Withdrawal Tools:
Create a dedicated "Consent Management" section in user accounts
Implement one-click unsubscribe links in all communications
Establish clear consent withdrawal procedures for phone/in-person requests
Design automated systems to process withdrawals within 24 hours
Staff Training:
Train customer service teams to recognize and properly handle withdrawal requests
Create scripts for handling withdrawal scenarios
Document withdrawal procedures in employee handbooks
Ensuring Freely Given Consent
Service Decoupling Strategy:
Review all processes where consent is requested
Separate necessary processing (contract performance) from optional processing
Create clear "No thank you" options with no negative consequences
Document your reasoning for data processing that's truly necessary
Conditional Service Assessment:
Conduct an audit of all services requiring consent
Document justification for any conditional consent requirements
Implement alternative options where feasible
Testing Your Consent Framework
Create a regular review cycle that tests:
Whether your consent mechanisms are working correctly
If withdrawals are being processed promptly
Whether staff understand consent requirements
If your documentation is complete and accessible
· GDPR Article 7 Compliance Guide
Article 7 of the GDPR establishes the requirements for valid consent as a legal basis for processing personal data. While obtaining proper consent may seem challenging, implementing these requirements effectively can build trust with your customers while ensuring compliance.
Core Requirements: Breaking Down Article 7
1. Demonstrable Consent
You must be able to prove consent was given – not just claim it happened.
2. Clear and Distinguishable Requests
Consent requests must stand out from other information and be easily understood.
3. Easy Withdrawal
Withdrawing consent must be as simple as giving it.
4. Freely Given
Consent cannot be bundled with other services or made a condition for service when unnecessary.
Practical Implementation Guide
Building Demonstrable Consent Systems
Documentation Strategy:
Create comprehensive consent records containing:
What the individual consented to (specific purposes)
When consent was obtained (timestamp)
How consent was obtained (method)
The exact wording presented to the individual
Who obtained the consent (if relevant)
Technical Implementation:
Use time-stamped database entries for online consent
Implement electronic signature solutions for digital forms
Design consent workflows that automatically generate audit trails
Creating Clear Consent Requests
Design Best Practices:
Use visual separation techniques (boxes, different colors, fonts)
Implement multi-layered notices with summaries and detailed explanations
Create purpose-specific consent options rather than bundled consent
Language Guidelines:
Write at approximately 8th-grade reading level
Avoid legal jargon and technical terminology
Test consent language with representative users
Consider using icons or visuals to enhance understanding
Implementing Easy Withdrawal Mechanisms
User-Friendly Withdrawal Tools:
Create a dedicated "Consent Management" section in user accounts
Implement one-click unsubscribe links in all communications
Establish clear consent withdrawal procedures for phone/in-person requests
Design automated systems to process withdrawals within 24 hours
Staff Training:
Train customer service teams to recognize and properly handle withdrawal requests
Create scripts for handling withdrawal scenarios
Document withdrawal procedures in employee handbooks
Ensuring Freely Given Consent
Service Decoupling Strategy:
Review all processes where consent is requested
Separate necessary processing (contract performance) from optional processing
Create clear "No thank you" options with no negative consequences
Document your reasoning for data processing that's truly necessary
Conditional Service Assessment:
Conduct an audit of all services requiring consent
Document justification for any conditional consent requirements
Implement alternative options where feasible
Testing Your Consent Framework
Create a regular review cycle that tests:
Whether your consent mechanisms are working correctly
If withdrawals are being processed promptly
Whether staff understand consent requirements
If your documentation is complete and accessible