Consent and Lawful Basis Analysis
Comprehensive understanding of consent and lawful basis assessment under the General Data Protection Regulation and comparable privacy laws. This topic covers the full range of lawful bases for processing personal data including consent, performance of a contract, legal obligation, vital interests, public task, and legitimate interests. Candidates should be able to assess when consent is required versus when another lawful basis is appropriate, explain the required elements of valid consent such as being freely given, specific, informed, unambiguous, given by affirmative action, and easy to withdraw, and distinguish explicit consent requirements for special category data and for certain sensitive processing. For legitimate interest, candidates should be able to perform and document necessity and balancing assessments, identify legitimate business purposes, evaluate proportionality, and propose mitigations to protect data subject rights. Coverage also includes practical implementation topics such as consent capture and granularity, layered privacy notices, withdrawal mechanisms, record keeping and accountability, lawful basis documentation, legitimate interest assessments, data protection impact assessments, and real world scenarios like marketing databases, direct marketing and cookie tracking, analytics, customer service records, employee and human resources data, third party processors, and interactions with supervisory authorities.
