02.17 – Notices & Consent

<<organisation name>> understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.

<<organisation name>> understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.

There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. <<organisation name>> must be able to demonstrate that consent was obtained for the processing operation.

For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.

In most instances, consent to process personal and sensitive data is obtained routinely by <<organisation name>> using standard consent documents e.g. when a new client signs a contract, or during induction for participants on programmes.

Either before or at the time of collection of any Personal Data, <<organisation name>> is required to:

  1. inform Data Subjects about what kind of Personal Data <<organisation name>> collects;
  2. the reason for collecting the Personal Data;
  3. the purposes of the Processing;
  4. the legal basis which is being relied upon;
  5. the Data Subjects’ rights in relation to the Personal Data;
  6. security measures taken in relation to the Personal Data;
  7. whether <<organisation name>> transfers Personal Data to third parties;
  8. the retention period and any potential transfers of Personal Data outside of EU/UK.

<<organisation name>> will provide this information to Data Subjects in privacy notices.