Consent under Law 25: forms, newsletters and profiling

Consent to the collection, communication or use of personal information is manifest, free and informed. It is given for specific purposes. It is requested for each of those purposes, in simple and clear terms. In writing, the request is presented separately from other information. It lasts for the time needed for those purposes.

When consent is express

As soon as the information is sensitive, consent is given expressly. Information is sensitive by its nature, including medical, biometric or otherwise intimate, or because of the context of its use or communication, when it gives rise to a high reasonable expectation of privacy.

The newsletter and the form

• Sending a newsletter is a purpose separate from opening an account or signing the contract. The request stands apart, and the box is not pre-ticked.
• The text says what the person will receive, and which address to use to withdraw.
• The person may withdraw consent to the use or the communication. The enterprise then stops that use or communication, and informs the person of the consequences of the withdrawal.

Minors

For a minor under 14, consent is given by the holder of parental authority or the tutor. From the age of 14, the minor may consent.

Identify, locate, profile

If you collect information from the person using technology that can identify, locate or profile them, you inform them beforehand of the use of that technology and of the means offered to activate those functions. Profiling is the collection and use of personal information to evaluate certain characteristics of a person, for example preferences, interests or behaviour. An advertising cookie that builds that profile falls here: the person activates the function.

Describe these requests in the privacy policy, with the same words as on the form.