Consent of Conference/Online and In-Person Attendees/GDPR
I am working on some terms and conditions for attendance to our online education programs and also in person educational conferences. Some of our members/attendees are protected by GDPR as far as their data/live in the UK. We ask all attendees to accept the terms of registration for the conference to register and attend. If they don't accept - they can't register (it's a contract). As a part of the terms, we require that attendees consent to granting our organization a worldwide, unlimited, perpetual license to use photos/videos and comments from them with regard to the event they attend. We later use these materials in our marketing and education programs.
Does what we are asking conflict with GDPR protections? The reason I ask is because from what I am reading under GDPR, an agency cannot require this kind of consent from a data subject as a term of a contract that, if the data subject does not consent, it's to the subject's detriment.
In the case of my example, the conference attendees/data subjects must attend in order to gain the clinical certifications they are seeking.
Maybe GDPR doesn't govern this type of thing??? But I want to be extra careful and also - we don't want to violate anyone's rights.
Thank you so much!
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EU GDPR DOCUMENTATION TOOLKIT
Step-by-step implementation for smaller companies.
Find out more
EU GDPR DOCUMENTATION TOOLKIT
Step-by-step implementation for smaller companies.
Find out more
You’re right - you cannot ask consent for marketing purposes as part of the contract. Data minimization principle requires that data subjects share only data that are necessary to perform the contract. If you want to use their image for marketing purposes you need to ask them specific consent. It can be inside the Terms published on the website, but you need to make clear to users what happens if they do not agree to allow you to use their image. If you will not be able to perform the contract, you must specify it.
Remember that data subjects can withdraw their consent at any moment and while in terms of Intellectual Property you can ask for a perpetual license, GDPR allows a data subject to forbid the processing of personal data (personal image) at any time.
The following articles may help you how to manage data subjects rights and consent:
Data subject rights according to GDPR: https://advisera.com/eugdpracademy/knowledgebase/8-data-subject-rights-according-to-gdpr//Is consent needed? Six legal bases to process data according to GDPR: https://advisera.com/eugdpracademy/knowledgebase/is-consent-needed-six-legal-bases-to-process-data-according-to-gdpr/Four main questions for obtaining and managing data subjects’ consent under GDPR: https://advisera.com/eugdpracademy/knowledgebase/four-main-questions-for-obtaining-and-managing-data-subjects-consent-under-gdpr/
You can also find some useful information in our free training EU GDPR Foundations course: https://advisera.com/training/eu-gdpr-foundations-course//
Thank you! Very helpful information. So that I am clear on what you are saying, do you mean that even if we ask the data subjects for a perpetual license that they can still revoke it at any time? So would be be allowed to ask for a perpetual, irrevocable license under GDPR which to me means that they can't rescind their consent?
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Apr 17, 2020