Alex Franch
How to prove that you have consent to process someone's data?
Consent is one of the legal bases that are available to select when processing someone's data. In most cases, it comes in the form of a checkbox that a user checks to show that they give you your consent.
But say the regulator came along and asked you to prove that you have this consent. What would you need to show to prove that you collected consent in a lawful way?
Evidence to show lawful consent
To show that consent is valid, the ICO says we must show the following information:
- Who consented: the name or other identifier (eg, online user name, session ID).
- Timestamp of the consent: show the date when they consented. This can be achieved via a copy of a dated document or by including a timestamp if it happens online.
- What you told them to consent to: A copy of the statement presented to the individual and any other privacy policy or information presented to them.
- How they consented:
- for online consent, provide the data submitted and the timestamp.
- for written consent, a copy of the relevant document or data capture form
- Whether they have withdrawn consent: and if so, when.
- A user can withdraw consent at any time.
Practical Examples of demonstrating consent + Template
Bad Example
Good Example
Practical tip: if the form/document used doesn't change, you can include the proof once. Same for your Privacy Policy. Yet, if these would change, you do need to keep track of the versions presented to the user. A simple screenshot or download/copy of the form/document or policy is good enough!
Template
You can find an editable template of the good example above so that you can adapt it to your use-case here.
You must make it easy to withdraw consent
Make sure that you have a way for individuals to withdraw their consent. This is normally explained when consent is been gathered and there's a section in your Privacy Policy that explains it.
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FAQ
Frequently asked questions
Do I need to connect all my tools and third parties?
We never have access to any of your data, our platform is able to scan each tool and provide recommendations without needing to access any of the data within those tools. There's no need for your dev' team to do anything, there are no security risks, just tell us the tools you use and we will do the rest.
What is the scope of my privacy policy?
Our policies are not just about my website or service. Once set up, our platform will help you map-out internal and external processes, such as HR, finance, and more!
Do I need to replace my current policy for the privacy portal?
We recommend replacing your current policy with our policy, this way you’ll remain compliant as your business changes and as the laws update.
Do I need help filling out my details?
Setting up is easy, just follow the on-screen commands and go through a few short steps to add your tools. You don't need any technical ability, anything you don't know the answer to you can ask us via our live chat or add later.
Why can’t I just use a template and add it to my website myself?
A template will not be applicable to your particular business as there are many things to consider for each tool you use. Also the template will not automatically update when changes happen in your business and when changes to GDPR laws are released. This can leave you vulnerable to breaking GDPR laws.
What if you don’t have the tools and third parties that I have?
We have a huge selection of tools pre-loaded and anything you don't see you can add directly from the platform as well as mapping data for any custom software you may use.
Which plan should I choose?
Our Essential Plan is perfect for people just getting started, small businesses, self-employed people and early stage companies. It allows you to get set up and start making your site GDPR compliant. You can move to our pro plan when you grow and your needs become more complex.
Our Pro Plan is aimed at SMEs and is our most popular plan as it includes everything you'll need such as a cookie banner, multiple languages as well as dedicated support.
Our Agency Plan is aimed at businesses that operate with clients needing GDPR solutions. The plan allows you to onboard clients as well as benefit from the Pro Plan for your own site.
Our Enterprise Plan is our most customisable and inclusive plan aimed at large, corporate businesses. We will essentially build you a bespoke plan with full maintenance support, onboarding classes and full company-wide access.
Feel free to get in touch to discuss our GDPR Compliance Software solution.
How easy is it to set up?
Signing up is super easy. The platform will ask you a few basic questions and then you can add your tools - don't worry if you don't know them all, you can come back and add tools at any point. The platform will then generate you the correct privacy policy based on your information, you can there share it directly on your site. That's it!
What size companies is Privasee aimed at?
Privasee has a plan for smaller companies as well as larger enterprise companies. For companies small to medium you can signup directly. For bigger enterprise companies get in touch with your requirements and our team will build you a bespoke plan.
I already have a privacy policy, do I need Privasee?
You have a legal responsibility to keep your policy up to date with every change in legal requirements for every tool you have. With Privasee you are always covered.