Ireland IP & Technology Law Blog : Dublin Lawyers & Attorneys for Intellectual Property, Communications & Information Technology Law in Ireland, U.S. & England

The EU's Article 29 Working Party has issued an Opinion on the definition of "consent" in which it examines the individual elements and requirements for consent to be valid under the Data Protection Directive (95/46/EC) and the e-Privacy Directive (2002/58/EC). The Opinion also includes recommendations for improving the concept of consent in the context of the ongoing review of the Data Protection Directive.

The Opinion provides practical examples of valid and invalid consent, and analyses the meaning of key concepts such as "freely given", "specific", “informed", “explicit”, and "unambiguous". The Opinion further clarifies some aspects relating to the notion of consent, such as the timing as to when consent must be obtained and how the right to object differs from consent.

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