GDPR_CONSENT_001

rules/regulations/eu/gdpr_consent.yaml

Citation

Regulation (EU) 2016/679, Article 6(1): Processing shall be lawful only if and to the extent that at least one of the following applies: (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Article 7(1): Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data. Article 7(3): The data subject shall have the right to withdraw his or her consent at any time.

Condition

Where processing of personal data for marketing relies on consent, requires consent that is freely given, specific, informed and unambiguous, that the controller can demonstrate, and that the data subject can withdraw at any time. GDPR Article 6(1)(a) and Article 7.

Layer 1 detects

the regex condition only (the metadata conditions in this file are not run by the offline engine): processing, storing, collecting, gathering or harvesting, in any form, optionally "your", "the" or "their", then personal data, then without, lacking or before obtaining, then consent, permission or authorization, unless the verb comes right after "not", "don't", "dont", "never" or "without"; marketing without, lacking or before consent, opt-in or permission; personal data, optionally "for", then marketing without or lacking consent; no consent required, needed or obtained for or before processing, marketing or data; skipping, bypassing or ignoring, in any form, consent or opt-in followed by for, before or requirement; and consent not obtained, required or recorded for or before processing or marketing. It matches wording, not meaning: it misses the practice told in other words ("We bought a list of leads and will email them our offers starting Monday."), it does not read whether consent is the legal basis relied on, and it fires on text that only names the practice. Whether a text does the practice is judged in Layer 2.

Condition type

regex; metadata, semantic condition in the file, not run by the engine

Status in the file

approved