I don't actually see the GDPR requirements for consent as being functionally stricter than those under the '98 Act - "has given his consent" and "has given his express consent", read plainly, are pretty clear. All the GDPR does is to bar lay-people (or Arthur Daley types) from misinterpreting DPA 98 consent because they're perhaps unaware of literal, golden and mischief - based rules of interpretation.
With regard to privacy notices, Recital 62 tells us we needn't tell people what they already know - and the relevant Articles are concerned with notification, but don't specify the means by which it needs to be delivered.
As such, I'd say that the new notification requirements under GDPR would be best delivered by a gap analysis initially to discover what new info customers need, and then deliver that new info in the most effective manner for the particular processing concern in question. The wording of Art 13 in particular talks about providing privacy info "...at the time when personal data are obtained..." rather than requiring every data controller in the EU to issue a new notice to every one of their data subjects in the run up to May.
Owen
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