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25 November 2021

Severe Criticism from the Danish Data Protection Agency of a Website with a Consent Setup which was found not to be sufficiently clear

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Introduction

It is well known that two cumulative preconditions must be fulfilled for professionals to process personal data. One precondition is that the processing shall live up to the fundamental principles relating to the processing of personal data (e.g., “purpose limitation” and “data minimisation”), while the other precondition states that the processing of personal data shall be performed based on a legal base (e.g., “legitimate interest” and “consent”). These preconditions are stipulated in articles 5 and 6 in the Regulation No 2016/679 on the protection of natural persons regarding the processing of personal data (“GDPR”).

The Danish Data Protection Agency (hereinafter the “Agency”) has in a recent decision expressed severe criticism of a professional that did not obtain sufficient consent from users of a Danish website before personal data was processed.

The decision illustrates the importance of ensuring that professionals have the right setup for securing sufficient consent before processing personal data.

Pernille Nørkær

Partner

+45 30 37 96 40

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Patricia Rasch

Associate

+45 30 37 96 94

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