# Consent Management

## Overview

Consent management is the process of obtaining, managing, and documenting user consent for data processing activities. Proper consent management is critical for GDPR compliance and is also important for CCPA and other privacy regulations.

## Consent Requirements

### GDPR Consent Requirements
- Freely given
- Specific
- Informed
- Unambiguous
- Easy to withdraw

### CCPA Consent Requirements
- Opt-in for minors under 16
- Parental consent for minors under 13
- Clear and conspicuous opt-out
- No discrimination for opting out

### Other Regulations
- PIPEDA (Canada)
- LGPD (Brazil)
- POPIA (South Africa)
- Vary by jurisdiction

## Valid Consent

### Freely Given
- No coercion or pressure
- No negative consequences for refusal
- Genuine choice
- Not bundled with other terms
- Separate consent for different purposes

### Specific
- Consent for specific purposes
- Not blanket consent
- Clear purpose statement
- Separate consent for each purpose
- Granular consent options

### Informed
- Clear information about processing
- Understand what they're consenting to
- Know who processes data
- Know how data is used
- Know their rights

### Unambiguous
- Clear affirmative action
- No pre-checked boxes
- Explicit opt-in
- Clear consent mechanism
- No implied consent

### Easy to Withdraw
- As easy to withdraw as to give
- Clear withdrawal mechanism
- No negative consequences
- Process withdrawal promptly
- Document withdrawal

## Consent Mechanisms

### Explicit Consent
- Clear affirmative action
- Checkbox (not pre-checked)
- Button click
- Signature
- Clear statement

### Implied Consent
- Limited use cases
- Not sufficient for GDPR
- May be acceptable for some purposes
- Check local requirements
- Document carefully

### Granular Consent
- Separate consent for each purpose
- Marketing: separate consent
- Analytics: separate consent
- Third-party sharing: separate consent
- Clear options for each

## Consent Collection

### Consent Forms
- Clear and plain language
- Specific purpose statements
- Information about processing
- Third-party information
- Withdrawal instructions

### Consent Timing
- Before data collection
- At point of collection
- Before processing
- Not retroactive
- Renew when purposes change

### Consent Documentation
- Who gave consent
- When consent was given
- What consent was given for
- How consent was obtained
- Consent version

## Consent Management Systems

### Features
- Consent collection
- Consent storage
- Consent withdrawal
- Consent audit trail
- Consent reporting

### Integration
- Integrate with data processing
- Check consent before processing
- Respect consent choices
- Update consent status
- Sync across systems

### User Interface
- Clear consent options
- Easy to understand
- Easy to change
- Accessible
- Mobile-friendly

## Consent Withdrawal

### Withdrawal Process
1. User requests withdrawal
2. Verify user identity
3. Process withdrawal promptly
4. Stop processing (where applicable)
5. Delete data (if required)
6. Notify third parties
7. Document withdrawal

### Withdrawal Handling
- Process within reasonable time
- Stop processing immediately
- Delete data if required
- Notify relevant parties
- Update consent records

### Exceptions
- Legal obligation to retain
- Contract performance
- Legitimate interests
- Legal claims
- Document exceptions

## Consent Records

### Record Requirements
- Who gave consent
- When consent was given
- What consent covers
- How consent was obtained
- Consent version
- Withdrawal records

### Record Retention
- Retain as proof of consent
- Retain for legal requirements
- Delete when no longer needed
- Secure storage
- Regular review

## Third-Party Consent

### Third-Party Sharing
- Obtain consent for sharing
- Inform about third parties
- List third parties
- Explain third-party purposes
- Allow opt-out of sharing

### Third-Party Processing
- Ensure third parties respect consent
- Contractual requirements
- Monitor third-party compliance
- Update third parties on withdrawal
- Verify third-party deletion

## Consent for Special Categories

### Special Category Data
- Health data
- Biometric data
- Genetic data
- Racial/ethnic origin
- Political opinions
- Religious beliefs
- Trade union membership
- Sexual orientation

### Explicit Consent Required
- Explicit consent for special categories
- Clear statement
- Separate consent
- Higher standard
- Document carefully

## Consent Renewal

### When to Renew
- Purposes change
- Processing changes
- Significant time elapsed
- Legal requirements
- Best practice

### Renewal Process
1. Identify need for renewal
2. Update consent information
3. Request renewed consent
4. Document renewal
5. Update records

## Consent Checklist

### Collection
- [ ] Obtain consent before collection
- [ ] Use clear and plain language
- [ ] Provide specific information
- [ ] Allow granular consent
- [ ] Make withdrawal easy

### Documentation
- [ ] Record who gave consent
- [ ] Record when consent was given
- [ ] Record what consent covers
- [ ] Record how consent was obtained
- [ ] Maintain consent records

### Management
- [ ] Check consent before processing
- [ ] Respect consent choices
- [ ] Process withdrawal promptly
- [ ] Update consent status
- [ ] Sync across systems

### Third Parties
- [ ] Inform about third parties
- [ ] Obtain consent for sharing
- [ ] Ensure third-party compliance
- [ ] Update third parties on withdrawal
- [ ] Monitor third-party compliance

## Best Practices

1. **Clear Information**: Provide clear information about processing
2. **Granular Consent**: Allow granular consent options
3. **Easy Withdrawal**: Make withdrawal as easy as giving consent
4. **Document Everything**: Maintain comprehensive consent records
5. **Regular Review**: Review consent regularly
6. **User Control**: Give users control over their consent
7. **Third-Party Management**: Manage third-party consent
8. **Compliance**: Ensure regulatory compliance
9. **Training**: Train staff on consent management
10. **Continuous Improvement**: Improve consent processes

## Common Pitfalls

1. **Pre-Checked Boxes**: Using pre-checked consent boxes
2. **Blanket Consent**: Obtaining blanket consent
3. **Poor Information**: Not providing clear information
4. **Difficult Withdrawal**: Making withdrawal difficult
5. **No Documentation**: Not documenting consent
6. **Third-Party Issues**: Not managing third-party consent
7. **No Renewal**: Not renewing consent when needed
8. **Compliance Gaps**: Not meeting regulatory requirements
9. **Poor Integration**: Not integrating with processing
10. **Static Approach**: Not updating consent mechanisms

