If we update our Platform’s privacy policy as well as our data processor agreement, is it valid to just inform, or must explicit consent be obtained under the GDPR Framework? Under the General Data Protection Regulation (GDPR), explicit consent is not typically required when updating a privacy policy or data processing agreement.
However, there are specific requirements related to transparency and informing data subjects of changes to data processing practices. Here’s how GDPR addresses this issue:
Transparency
GDPR emphasizes the importance of transparency in data processing. You are required to inform data subjects (i.e., users) about how their data is processed. When you make updates to your privacy policy or data processor agreement, you should ensure that the changes are clear, easily accessible, and transparently communicated to data subjects.
Notice
You must provide users with clear and understandable notice of the changes. This means that when you update your privacy policy or data processor agreement, you should notify users about the changes, explain what has been updated, and provide them with an opportunity to review the new terms.
Consent
While explicit consent may not be required for every update, if the changes significantly alter the way you process personal data and impact users’ rights, you may need to seek their consent. For example, if you start collecting new types of data or sharing data with third parties for purposes that were not previously disclosed, you might need to obtain explicit consent.
Continued Use
GDPR allows for changes to the terms as long as users have the ability to exercise their rights, including the right to withdraw their consent and the right to delete their data. If users do not agree with the updated terms, they should have the option to discontinue using your platform.
In summary, explicit consent is not typically required when updating your privacy policy or data processor agreement under GDPR. Instead, the emphasis is on transparency, notice, and the ability for users to exercise their rights. However, if the changes are substantial and affect users’ rights significantly, it may be necessary to obtain explicit consent. It’s important to conduct a thorough assessment of the changes and consult with legal experts to ensure compliance with GDPR and other relevant data protection laws.
Disclaimer: This is not legal advice. Drafting and updating privacy policies requires careful assessment of the circumstances, and so these recommendations are not to be construed as legal advice. Seek professional advice for your use case.
