Guest user Created: Apr 18, 2018 Last commented: Apr 18, 2018

Conditions for consent

If we use the provided forms on our website, in what manner do they have to get signed by the data subject? As one comment states: "If you use this form on a website, then an affirmative action is needed on behalf of the data subject, such as ticking a check box.” - Can you please explain in detail what the above mentioned check box would serve for? Would it replace the signature of the data subject? Generally speaking, is a signature by hand required or are there any electronic alternatives?

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Andrei Hanganu Apr 18, 2018

Answer:

As regards to consent the EU GDPR in its Article 7 “Conditions for consent” https://advisera.com/eugdpracademy/gdpr/conditions-for-consent/) mentions that the consent should be presented in written to the data subject. This does not mean that the consent means to be a written paper form. You can choose to collect the consent on your web page by asking the data subject to perform an action that such as ticking a box, this would serve to prove that without any doubt that the data subject agreed to the processing activity. The consent must cons ist of a clear affirmative action. Inactivity or silence is not enough and the use of “pre-ticked boxes” is not permitted.

When getting the consent using an online environment you need to reasonably prove that the consent came from the respective data subject this you need to be able to identify the data subject and log (record) his/her affirmative actions on your website.

You can find out more about consent form our webinar “How to handle consents under GDPR” https://advisera.com/eugdpracademy/webinar/how-to-handle-consents-under-gdpr-free-webinar-on-demand/

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Apr 18, 2018

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