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DATA-PROTECTION  June 2016

DATA-PROTECTION June 2016

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Subject:

Re: Retrospective GDPR?

From:

Catherine Hanley <[log in to unmask]>

Reply-To:

Catherine Hanley <[log in to unmask]>

Date:

Wed, 15 Jun 2016 14:34:26 +0000

Content-Type:

text/plain

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Hi Duncan

I'd read that retrospective consent would still be valid, but only where it met the requirements of the GDPR i.e. it was freely given and understood by the subject etc.



If that wasn't the case and can't be evidenced, then new consent would be required. I think that guidance was in the Allen & Overy overview.



Kind regards

Catherine

. . . . . . . . . . .



Catherine Hanley

Data Protection Officer

Democratic Services



Organisation and Governance 

Middlesbrough Council

PO Box 503

Town Hall

Middlesbrough 

TS1 9FX

Tel: 01642 729686



E-mail: [log in to unmask]



SAT NAV POST CODE TS1 2RT



-----Original Message-----

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Duncan Smith

Sent: 15 June 2016 15:31

To: [log in to unmask]

Subject: [data-protection] Retrospective GDPR?



Anyone seen advice or guidance on whether requirements in GDPR will/will not be retrospective?



Let's say I obtained consent to market to someone via a typical 'bundled consent' that we see today, "By accessing our free wifi you agree to our terms and conditions and the use of your data as set out in the privacy policy" etc etc.



As this could this be challenged post GDPR under Article 7 (2), do I have to re-consent everyone?



My reading of Article 99 (2) is GDPR is not retrospective, so no reconsent required.





Duncan

iCompli Ltd



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