Legal basis

2. What is the most simple but also complete form of consent we can use?

Answers:

1. You can only chose legitimate interest for marketing campaigns if you consider factors such as:
- whether people would expect you to use their details in this way;
- the potential nuisance factor of unwanted marketing messages; and
- the effect your chosen method and frequency of communication might have on more vulnerable individuals.

Also consider that individuals have the absolute right to object to direct marketing under Article 21(2) – “Right to object” (https://advisera.com/eugdpracademy/gdpr/right-to-object/) , it is more difficult to pass the balancing test if you do not give individuals a clear option to opt out of direct marketing when you initially collect their details (or in your first communication, if the data was not collected directly from the individual).

2. There in no such thing as “simple and complete” because the requirements of the EU GDPR in terms of consent are quite extensive. Thus, consent needs to be freely given, specific, informed and unambiguous indication of the individual’s wishes. You must keep records so you can demonstrate that consent has been given by the relevant individual.

To learn more about marketing and the EU GDPR check out our webinar “How GDPR Affects Marketing Practices” https://advisera.com/eugdpracademy/webinar/how-gdpr-affects-marketing-practices-free-webinar-on-demand/