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ICO draft GDPR guidance recommends active opt in

The Information Commissioner has published its draft GDPR guidance with a recommendation for active opt in.
The guidance is out for consultation until 31st March, and sets out the ICO’s recommendations for how consent must be obtained once the GDPR is implemented in May this year.
It states that pre-ticked boxes will not be viewed as a valid form of consent and that clear opt-in boxes must be used. It also says that individuals should be able to withdraw their consent easily and that organisations must tell individuals about their right to do so put and simple and fast methods for withdrawing consent in place.
The ICO guidance also states that asking for consent should be quite separate from other terms and conditions to ensure that individuals are clear about what they are consenting to, and that consent should not be a pre-condition of signing up to a service unless it is necessary for that service.
Other key points:

In a blog on the ICO site, Jo Pedder, interim head of policy and engagement, said:

“Basing your processing of customer data on GDPR-compliant consent means giving individuals genuine choice and ongoing control over how you use their data, and ensuring your organisation is transparent and accountable.”

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The GDPR guidance is published in full on the ICO’s site, along with a consultation document to complete and return by 31st March.

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