Tips and Best Practices for Consent Management to Comply with GDPR

Implemented in May 2018, the GDPR is one of the most comprehensive data protection regulations globally. It applies to any organization that processes the personal data of individuals within the European Union, regardless of where the organization is based. 

Key Principles of GDPR Related to Consent:

1. Explicit Consent Requirements: Businesses must ensure that consent is obtained through clear, affirmative action, such as ticking a box or signing a form.
2. Right to Withdraw Consent: GDPR mandates that individuals have the ability to withdraw their consent easily and at any time.
3. Transparency and Accountability: Organizations must clearly communicate how personal data will be used and maintain detailed records of consent obtained.

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With an understanding of the GDPR’s regulatory landscape, businesses must build an effective consent management system. Below are the essential elements that should be incorporated:

• Capturing Consent: The Right Way to Ask - The first step in managing consent is capturing it correctly. This involves creating clear and accessible methods for obtaining consent, such as online forms, checkboxes, and consent pop-ups. For example, a leading e-commerce platform might use a detailed consent form at checkout to inform customers about data collection for personalized ads, resulting in higher user trust and engagement.
• Keeping Records: The Importance of Documentation - Keeping precise records of when, how, and for what purposes consent was obtained is crucial for regulatory compliance and future audits. These records should include details such as the date, time, and context of the consent. For example, a major financial institution might maintain a detailed log of consent records, including timestamps and specific purposes, ensuring transparency and accountability.
• Managing Preferences: Empowering Users - Providing users with an interface to manage their consent preferences is essential for maintaining trust and compliance. Users should be able to update or withdraw their consent at any time easily. For example, a health tech company might offer a privacy dashboard where users can view and modify their consent preferences, boosting user control and satisfaction.
• Transparency: Clear Communication - Transparency is key in consent management. Businesses must clearly communicate their data processing activities so individuals understand how their data will be used. For example, a major bank might send regular updates to customers about changes in data usage policies and explain how customer data is processed, ensuring trust and compliance.

Effective consent management goes beyond just capturing and storing consent. Below are best practices that businesses should adopt to ensure their consent management processes are both compliant and user-friendly:

1. Keep It Simple: Easy Consent Requests - Use simple and clear language when requesting consent. Avoid jargon and ensure that the information is easily understandable to the average user. For example, if a telecom company simplifies its consent language, it may see an increase in customer opt-ins and improved customer satisfaction.
2. Stay Current: Regularly Review and Update Consents - Consent is not a one-time activity. It’s important to review and update consent records regularly to ensure they remain valid and relevant, especially when there are significant changes in data processing activities. For example, an educational tech company might review its consent records annually and seek new consent from users if there are changes in data use, ensuring ongoing compliance and transparency. 
3. Offer Choices: Easy Opt-Out Options - Ensure users can easily opt out of data processing activities they no longer consent to. This process should be straightforward and accessible to maintain user trust. For example, a media company might offer a simple opt-out option for users who no longer wish to receive targeted ads, increasing user trust and engagement.
4. Educate and Empower: Inform Users About Their Rights - Educating users about their data privacy rights, including the right to access, correct, and delete their data, is essential for empowering them to make informed decisions about their data. For example, a healthcare provider might conduct regular awareness campaigns to educate patients about their data privacy rights and how to manage their consent preferences.

To learn more about the challenges organizations must tackle for effective consent management, download our new whitepaper.