Why GDPR Consent Isn’t Your Only Compliance Requirement

Understanding GDPR consent requirements is a common challenge for businesses, with many organisations believing they’ve achieved compliance by simply adding consent forms to their processes. While these GDPR consent requirements are important, they’re just one piece of the compliance puzzle. The General Data Protection Regulation actually provides several other legal bases for processing personal data that are equally valid and sometimes more appropriate than consent.

Beyond the Consent Checkbox

Let’s have an honest conversation about GDPR compliance. If you’re like most business owners I talk to, you probably think that as long as you’re getting consent for everything, you’re in the clear. It’s a common assumption, but here’s the thing – it’s not quite that simple.

Think of GDPR compliance like building a house. Consent is just one room in that house – important, yes, but you can’t live in a single room. You need a kitchen, bathroom, bedroom, and living space to make it a functional home. The same goes for GDPR – you need multiple components working together to create a compliant environment.

The Six Ways You Can Process Data Legally

Here’s something that might surprise you: GDPR consent requirements is not the only way you can use someone’s data. There are actually six different ways you can legally process personal data under GDPR. Consent is just one of them. Let me walk you through them.

First, yes, there’s consent – the one we all know about. But then there’s also contract fulfillment (like when you need to process data to deliver a service someone’s paid for), legal obligations (such as tax records), vital interests (think emergency life and death situations), public interest (mostly for government bodies), and legitimate interests (probably the most flexible option for businesses).

When You Don’t Actually Need Consent

Let me share a secret that might make your life easier: you don’t always need to ask for consent. In fact, sometimes it’s better not to. For instance, when you’re processing employee data for payroll, you don’t need consent – you’re doing it because you have a contract with them. Using CCTV for security? That’s typically covered under legitimate interests. Keeping records for tax purposes? That’s a legal obligation.

The Consent Trap

I see this all the time – businesses frantically trying to get consent for everything because they think it’s the ‘safest’ option. But here’s the reality: over-relying on consent can actually create more headaches than it solves.

Think about it – if you’re constantly asking customers for consent, they’ll get frustrated. It’s like that friend who keeps asking for permission to do everything – it gets annoying pretty quickly. Plus, once you’ve asked for consent, you need to manage and maintain those records, and people can withdraw their consent at any time. Sometimes, using a different legal basis is actually more straightforward and more appropriate.

Making the Right Choice

So how do you know which legal basis to use? The key is to think about why you’re processing the data in the first place. Are you doing it because you need to fulfill a contract? Because the law requires it? Because you have a legitimate business reason that doesn’t unfairly impact people’s privacy?

A Better Approach to Compliance

Here’s what good GDPR compliance really looks like: it’s about understanding all your options and choosing the most appropriate one for each situation. Think of it as having a conversation with your data processing activities. Ask yourself: “What’s the real reason I need this data? What’s the most logical and straightforward way to justify this?”

Keep records of your decisions, but don’t get bogged down in unnecessary paperwork. Focus on being transparent with people about what you’re doing with their data and why. Update your processes when needed, and make sure your team understands the basics.

Moving Forward

The key takeaway here is simple: don’t fall into the consent trap. Yes, consent is important, but it’s just one tool in your compliance toolkit. Instead of asking “do I need consent for this?” try asking “what’s the most appropriate way to handle this data?”

Remember, GDPR isn’t about making your life difficult – it’s about protecting people’s privacy while allowing businesses to function effectively. Sometimes that means getting consent, but often it means relying on other legal bases that might actually work better for everyone involved.

The best part? Once you understand this, GDPR compliance becomes much more manageable. You can focus on what really matters – running your business while respecting people’s privacy rights.

Need help figuring out your lawful basis, you can find a short webinar here taking you through the lawful bases and explaining how they work. It’s free you just need to set up a training account.