The Guidelines on consent, published on 28 November 2017, do not replace earlier WP29 opinions on consent (e.g. opinion 15/2011). Instead, these guidelines further break down the elements of valid consent as mentioned under article 4(11) of the GDPR into the below mentioned sub-elements, which are each carefully analyzed:
- Freely given: Imbalance of power, conditionality, granularity, detriment
- Informed: Minimum content requirements, how to provide information
- Unambiguous indication of wishes: Consent through electronic means.
The guidelines also discuss 1) obtaining explicit consent, 2) additional conditions for obtaining consent, 3) the interaction between consent and other lawful grounds, and 4) specific areas of concern (e.g. children and scientific research).
The WP29 also points out that the notion of consent under the GDPR is linked to the notion of consent under the daft ePrivacy Directive, and that it has thus provided recommendations to the European legislator on the ePrivacy regulation Proposal.