Consent and Transparency: Article 29 Draft Guidelines on GDPR

December 13, 2017

The Article 29 Working Party has issued two further sets of
guidelines. WP 259
is the most eagerly awaited as it deals with consent under the GDPR. WP 260
deals with transparency. Both are technically draft guidelines and comments are
invited with a deadline of 23 January. Bearing in mind the short time available
for comment and that it covers a holiday period, it seems likely that there
will be little that changes between draft and final guidelines.

The Guidelines on consent claim to ‘provide a thorough
analysis of the notion of consent’. SCL members may have other ideas.

The Guidelines on transparency ‘provide practical guidance
and interpretative assistance on the new obligation of transparency concerning
the processing of personal data’ under the GDPR. WP 260 points out that transparency
is a long-established feature of EU law and, in a phrase that echoes through to
algorithms, states that transparency is ‘about engendering trust in the
processes which affect the citizen by enabling them to understand, and if
necessary, challenge … processes’.

Both sets of guidelines can be downloaded from the link below.