choosing technical settings for information society services,.However, GDPR clarifies that “affirmative actions” signaling consent may include:
The text of the regulation doesn’t give specific instructions for acquiring permission to process personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct. It is presented in Recital 32 and is worded as follows:Ĭonsent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data. In another paragraph of the new regulation we can also find a description of the process of obtaining consent. We will return to this in a later section of the article. It therefore automatically eliminates an ‘implication of the agreement’ from the list of accepted forms of consent. Important note: As we can see, the legislation characterizes consent as an affirmative action undertaken in unambiguous and informed manner. Any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. Article 4.11 of the new legislation defines consent as: It won’t come as a surprise that the understanding of consent and the requirements associated with it have been reinforced and extended.
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Now, you may be wondering if the new legislation sheds any light on how to do it – after all, under existing rules, cookies don’t necessarily require consent. What does this mean for you? It means that in order to fully comply with the GDPR requirements, you must adjust your cookie policy! This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them. Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. This is detailed in Recital 30 of the new law: GDPR states that all cookies – even pseudonymous ones – can be considered personal data if there is any potential to use them to single out or identify an individual. Cookies are included in the scope of online identifiers as well!.GDPR treats online identifiers and location data as personal data, and therefore demands they be protected in the same way as other identifiers, like information on the genetic, economic, or psychological identity of a data subject.It’s important to emphasize that the Regulation significantly expands the definition of personal data when compared to the definition provided by Directive 95/46/EC.Īlso, there are two particularly interesting points in the case of web tracking: Any information relating to an identified or identifiable natural person (‘data subject’) an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
In Article 4.1 of the General Data Protection Regulation we can find the following characterization: We’ll examine the ones focused purely on the definition of the term, as it would be virtually impossible to investigate all the mentions of “personal data” when considering that the phrase occurs in the text nearly 600 times! Let’s take a closer look at the recitals of the Regulation concerning personal data. None of them are as obvious as they may seem at first glance. In the next section of this article, we’ll show you what how to adjust web analytics tracking to the demands of new law.įirstly, let us introduce you to two concepts that are crucial to web tracking under GDPR – personal data and consent. Now, let’s proceed to some more detailed aspects of GDPR.
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