The GDRP has indeed been a big topic recently and there have been various confusions. Today, things have calmed down, but many of us still don’t know how it actually works. One of the unclear areas is the withdrawal of consent to the processing of personal data. That’s why we’re bringing you an article that will give you a detailed overview of the procedure and your rights.
TheGDPR, or General Data Protection Regulation, is a regulation that aims to strengthen and unify data protection for all EU citizens and give them greater control over their personal data. The GDPR thus applies to all organisations that process EU citizens’ personal data (e.g. e-shops, government institutions, hospitals, etc.). The key principles of the GDPR include fair and lawful processing, purpose limitation and data minimisation, and retention of personal data.
It applies that you must be informed before processing personal data. So you must receive information about, for example, its purposes, the types of personal data collected, the recipients and the data protection rights of those individuals.
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The GDPR gives you a number of rights that serve to control and protect your personal data. Specifically, these include:
This includes the right to be clearly informed about why your data is needed, how long it will be kept and who has access to it. This means that the data processor must provide transparent information, communicate clearly and comply with other conditions relating to the processing of personal data.
Tip: Read also how the GDPR regulates employee privacy in the workplace.
You have the right to ask for a copy of the information an organisation holds about you (in most cases free of charge). This allows you to check what personal data is being processed and whether the processing is lawful.
If information is inaccurate or incomplete, you can ask for it to be updated.
This right allows you to request the erasure of your personal data. However, this only applies in certain circumstances, for example when the data is no longer needed or when the processing was based on consent that has been withdrawn.
This allows you to ‘freeze’ the processing of your personal data in certain circumstances (for example, during a data accuracy check or an objection to processing).
This gives you control over your personal data by allowing you to transfer it from one service to another. This right promotes competitiveness and innovation by making it easier to move to a new platform or service, for example.
In certain cases, you have the right to object to the processing of your data. This applies in particular to situations where your personal data is processed for marketing purposes.
You have the right not to be subject to decisions based solely on automated processing, including profiling, where these activities have a significant impact on you. This includes situations where such decisions could lead to legal effects or similarly significant impacts.
Tip: I’m sure you’ve come across a popular service that allows you to search for your ancestors using DNA. But you can read what GDPR has to say about it in our article.
Under the GDPR, withdrawing consent to the processing of personal data is possible at any time and must be as simple as giving consent. These are the basic applicable principles:
For the processing of personal data, it should be borne in mind that your consent does not always have to be explicit. In some cases, it is implicit. For example, when you order a service for which you must provide your personal data. In this case, your mere interest in the service is taken as consent to the processing of your personal data.
As we have already mentioned, revocation should be simple with clearly accessible instructions for everyone. In practice, however, this is sometimes not the case. So, if you want to withdraw your consent to the processing of personal data but don’t know how to do it, there is a general method that applies to everyone.
The simplest way is to send an email or letter withdrawing your consent. In it, please include your name, contact details and a description of the consent you wish to withdraw. If you have one, attach a copy of any document or communication in which you originally provided consent.
Once you have sent your request, you should receive an acknowledgementfrom the organisation. The data processor should then accept your request and stop processing your personal data. The timeframe for responding can vary, but the GDPR requires that requests are processed without undue delay. If you do not receive a response, you have the option to lodge a complaint with the Data Protection Authority.
If you are a personal data processor yourself (e.g. you own an e-shop) and are thinking about delegating this duty to someone else, you may have already come across the term processing contract. This governs the relationship between the controller (i.e. the one who determines the purposes and means of processing personal data – you) and the processor (the one who processes personal data on behalf of the controller – the third party). This contract should cover all relevant aspects of the processing of personal data to ensure that it is protected and processed in accordance with the GDPR.
Tip: Many businesses have used templates on the internet to meet their legal obligations under the GDPR and have adapted their documents and terms and conditions accordingly. However, this is not nearly enough to get everything right and not get fined by the Data Protection Authority. Rather, choose the more reliable route of a GDPR audit for businesses. With Affordable Advocate, everything is done simply, online, tailored to what you need, and at a predetermined price. We handle most cases within five working days.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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