Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)
Section 3: Principles, legal grounds and GDPR duties for employers – Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249)

Article 29 Working Party Opinion 2/2017 on Data Processing at Work (WP249) 3.1.1(a): 3.1.1(a) Consent is not the legal ground for most processing at work; default settings are not consent

For most processing at work the employer cannot and should not rely on workers' consent, because the relationship makes refusal costly and consent must be freely given, specific, informed and revocable; where a real or possible prejudice follows from refusing, the consent is invalid. Even where consent could be free, pre-set device settings or installing monitoring software do not amount to consent, which requires an active expression of will. Section 6.2 limits free consent to exceptional cases where acceptance or refusal carries no consequence at all.

Maintained by Gerard Blokdyk

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