The free, informed, and unequivocal expression by which the data subject agrees to the processing of their data for a specific purpose.
Consent is the free, informed, and unequivocal expression by which the data subject agrees to the processing of their personal data for a specific purpose.
It needs to be demonstrable: the organization must keep a record of when, how, and for what purpose the data subject gave their consent. Pre-checked boxes, generic consent forms, and making a service conditional on unnecessary consent are not valid.
Article 5, XII, of LGPD The law defines consent, and Article 8 establishes the rules: it must be in writing or by another means that demonstrates the expression of will; the burden of proof lies with the controller; processing with vitiated consent is prohibited; generic authorizations are null and void; and the data subject may revoke it at any time. For sensitive data, Article 11, I, requires specific and prominent consent. For children, Article 14 requires the consent of at least one parent or guardian.
A Consent Management Collects and records consent via forms, APIs, and integrations, with proof of origin, version, and revocation; Cookie Management and Policies do the same for the cookie banner.
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