Consent is one of the six legal bases for processing personal data under the GDPR. Many businesses misunderstand what constitutes valid consent, leading to regulatory risk. Properly obtaining, documenting, and managing consent is critical for compliance and building trust with clients or users.
A valid GDPR consent must be:
Freely given – the individual must have a genuine choice; it cannot be forced.
Specific – consent must cover all processing activities and purposes.
Informed – individuals must know what data is being collected and why.
Unambiguous – expressed through a clear action (e.g., ticking a box).
Passive acceptance, pre-ticked boxes, or vague statements do not count as valid consent.
Businesses must keep records of:
When consent was obtained
What individuals were told
How consent was given
How consent can be withdrawn
Proper documentation protects your business in case of regulatory audits or complaints.
Individuals have the right to withdraw consent at any time, and it must be as easy to withdraw as it was to give. Businesses must ensure their systems allow for quick and effective withdrawal without penalizing the individual.
Use clear, plain language when requesting consent
Separate consent requests for different purposes (e.g., marketing vs. analytics)
Review and update consent mechanisms regularly
Train staff to respect and manage consent properly
Consent is a cornerstone of GDPR compliance. Businesses that implement clear, documented, and user-friendly consent processes reduce legal risk, enhance transparency, and strengthen client trust.
For assistance implementing GDPR consent procedures or reviewing your current policies, contact Lazarevska Law Firm | Biljana Lazarevska.