Consimţământul consumatorului la prelucrarea datelor personale în contractele business to consumer – condiţia consimţământului granular
Consumer’s consent to the processing of personal data in business to consumer contracts – the requirement of granular consent

Summary/Abstract: The article emphasises the prerequisites of the granular consent in business to consumer contracts, as a ground for the legitimacy of the personal data collecting and processing, The central points of the discussion are represented by the dispositions of article 5 par. (1) (b) of the Regulation (EU) 2016/679, imposing supplementary requirements for the validity of the concerned person’s consent, which mentions that the consent should be collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those initial purposes. In business to consumer contracts, in the hypotheses in which the data subject's consent is given in the context of a written declaration which also concerns other contractual matters, the request for consent to data processing must be presented in a manner which is clearly distinguishable from the other contractual matters, in an intelligible and easily accessible form even for a profane consumer, using clear and plain language, while avoiding technical jargon.

• Details
• Contents