Article 4a of ePrivacy Regulation: Consent (Proposed Text)
The proposed text for ePrivacy Regulation Article 4a from the 4th of May, 2018 is below, covering consent. This will likely change in the next month or two as they are meeting to discuss the changes to the current ePrivacy Directive. We will update accordingly. Negotiations continue about the precise text and the current version gives one year from the date of entry into force for implementation. We will post the full text when it is available.
Article 4a: Consent
1. The provisions for consent provided for under Regulation (EU) 2016/679/EU shall apply to natural persons and, mutatis mutandis, to legal persons.
1a. Paragraph 1 is without prejudice to national legislation on determining the persons who are authorised to represent a legal person in any dealings with third parties or in legal proceedings.
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet.
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be reminded of the possibility to withdraw their consent at periodic intervals of [no longer than 12 months], as long as the processing continues, unless the end-user requests not to receive such reminders.
Previous (Article 4) | Index | Next (Article 5)
Improve Data Privacy for GDPR or CCPA with Clarip
The Clarip team and enterprise privacy management software are ready to meet your compliance automation challenges. Click here to contact us (return messages within 24 hours) or call 1-888-252-5653 to schedule a demo or speak to a member of the Clarip team.
If compliance with the California Consumer Privacy Act is your focus until 2020, ask us about our CCPA software. Handle automation of data subject access requests with our DSAR Portal, or provide the right to opt out of the sale of personal information with the consent management software.
Need to improve your GDPR compliance solution? Clarip offers modular GDPR software that can fill in gaps in your privacy program. Choose from the data mapping software for an automated solution to understanding your data collection and sharing, conduct privacy risk assessments with DPIA software, or choose the cookie consent manager for ePrivacy.
Click here to contact us (return messages within 24 hours) or call 1-888-252-5653 to schedule a demo and speak to a member of the Clarip team.