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Proving Consent in the Age of GDPR

The burden placed on businesses by GDPR is significant and quite troubling.

Research from Capgemini for example has found that, in the days leading up to the new data regulations taking effect, 85% of businessesin the US and Europe were struggling with the requirements and were not ready for compliance.

Further research from Forrester backs this up, with only 26% of businesses claiming to be GDPR compliant, and many of those probably “overstating their readiness”.

So what exactly are businesses struggling with? In addition to the need to update privacy notices and, where needed, re-confirm consent, one of the key GDPR requirements is for businesses to be able to prove consent by keeping records of how they have collected personal data. Article 7, for example, states that, “the [data] controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data."

For personal data gathered from website visitors, such as names and email addresses, the sign up form used by the visitor to enter their data obviously plays a key part in this.

With recent research showing the majority of businesses are seriously struggling to meet all the requirements of the EU’s GDPR, new software promises to lighten the load by auto-recording online forms used for lead capture, thereby helping businesses with the required proof of consent for data collection. Takanomi Limited, a software company based in the UK, has just launched the feature as part of its lead capture software, optinopoli.

“As a key part of our lead capture system for websites, we are delighted to announce that businesses can now automatically record the exact form used by each new lead when they sign up. This saves them a considerable headache and makes compliance with GDPR significantly easier," stated Steve Shaw, Takanomi Limited’s CEO, earlier today. “We are not aware of any other solution in the world that provides this capability, which is so vital to ensure businesses can properly comply with GDPR.”

Has your privacy policy been updated and are you now able to demonstrate proof of consent? Share your experience with GDPR now with a comment below.

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