The Article 29 Working Party ('WP29') launched, on 12 December 2017, a public consultation on its guidelines on consent ('the Consent Guidelines') and transparency ('the Transparency Guidelines') under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). In particular, the guidelines provide practical guidance and interpretation concerning the notion of consent and the new obligation of transparency with regard to the processing of personal data under the GDPR.
In relation to the Consent Guidelines, the WP29 highlights that its existing opinions on consent remained relevant, and therefore it had only expanded upon these rather than replacing them.
As such, the WP29 examines the elements of obtaining valid consent as well as additional conditions, such as the burden of proof on data controllers to demonstrate consent and ensuring that consent can be withdrawn by the data subject as easy as giving consent and at any given time. In addition, the Consent Guidelines provide additional analysis of other topics, including consent obtained under the Data Protection Directive (95/46/EC) and child's consent.
Regarding the Transparency Guidelines, the WP29 provides detailed interpretation of Articles 12, 13 and 14 of the GDPR as well as examples and best practices concerning the fundamental elements of transparency. Furthermore, the Transparency Guidelines examine the exercise of data subjects' rights and the related exceptions to the obligation to provide information. Finally, the WP29 provides a schedule of its commentary on the information requirements alongside the relevant provisions under Articles 13 and 14 of the GDPR.
Interested parties can submit their comments by 23 January 2018 to JUST-ARTICLE29WP-SEC@ec.europa.eu and firstname.lastname@example.org.