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dane_osobowe
2017-12-13

The Article 29 Working Party: new guidelines on consent and transparency

The Article 29 Working Party adopted guidelines on consent for personal data processing and guidelines on transparency of personal data processing.

The guidelines were adopted in order to achieve a consistent approach of the supervisory authorities of the EU member states in regard to assessment of validity of the consents.

In the guidelines on consent the Article 29 Working Party laid down inter alia requirements on validity of consents obtained before the date from which the regulation 679/2016 (General Data Protection Regulation – GDPR) shall apply, that is before 25 May 2018, after this date (i.e. whether it will be permissible to continue processing of personal data on the basis of the “old” consents).

In line with the guidelines of the Article 29 Working Party the consents which have been obtained to date (“old” consents) continue to be valid in so far as it is in line with the conditions laid down in the GDPR. This does not mean however that all such consents will continue to be valid – for example, all presumed consents of which not references are kept  will “automatically be below the consent standard of the GDPR” due to the fact that the controller will not be able to demonstrate their validity in line with article 7 paragraph 1 of the GDPR. In such case the consents will need to be “renewed”, i.e. obtained again in compliance with the GDPR.

The adopted guidelines are available at the following address:
http://ec.europa.eu/newsroom/just/item-detail.cfm?item_id=50083 

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