What constitutes a "valid consent" under GDPR?

A "valid consent" under the General Data Protection Regulation (GDPR) is characterized by being freely given, specific, informed, and unambiguous.

Freely given means that the individual has a genuine choice and is not subjected to any coercion or undue pressure. This aspect ensures that consent is given voluntarily, without any form of manipulation.

Specific consent refers to the need for individuals to know exactly what they are consenting to. It cannot be generalized; instead, it must be clear about what personal data will be collected and how it will be used.

Informed consent means that individuals must be provided with sufficient information about the processing of their personal data. This includes details about the data controller, the purpose of data processing, and the potential risks involved.

Unambiguous consent emphasizes that the individual's agreement must be clear. This typically implies a positive action, such as ticking a box or signing a document, which clearly demonstrates the individual's willingness to allow their data to be processed.

Together, these components ensure that consent is meaningful and respects the rights of individuals regarding their personal data, aligning with the fundamental principles of privacy and data protection outlined in the GDPR.