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CDPSE · Question #377

A request for consent to collect personal data MUST:

The correct answer is B. be separate from general terms and conditions.. Under major privacy frameworks like GDPR, a valid request for consent must be clearly distinguishable from other matters and presented separately from general terms and conditions. Bundling consent within T&C makes it impossible to ensure the individual freely and specifically ag

Privacy Governance

Question

A request for consent to collect personal data MUST:

Options

  • Abe limited to persons of legal age.
  • Bbe separate from general terms and conditions.
  • Cbe a condition or using the service.
  • Dask consumers to take steps to opt out.

How the community answered

(31 responses)
  • A
    3% (1)
  • B
    90% (28)
  • D
    6% (2)

Explanation

Under major privacy frameworks like GDPR, a valid request for consent must be clearly distinguishable from other matters and presented separately from general terms and conditions. Bundling consent within T&C makes it impossible to ensure the individual freely and specifically agreed to data processing. Consent is not required to be limited to adults only in all contexts (A). Making consent a condition of service (C) renders it non-freely given, which is invalid under GDPR. Opt-out mechanisms (D) do not meet the standard of explicit, affirmative consent required by most modern privacy laws.

Topics

#Consent management#Data collection#Privacy regulations#Legal compliance

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