Lawyers accused of giving wrong GDPR consent advice

Lawyers accused of giving wrong GDPR consent advice

A recent article in the Law Society Gazette by Brian Rogers, a legal compliance expert, warned that some solicitors who gave advice regarding how to comply with new GDPR rules last year should revisit that advice. He believes that mistakes were made when giving GDPR consent advice. He states that lawyers may be accused of negligence over potential breaches of data protection rules and suggests that many should contact clients to admit the advice may be flawed.

He outlines that law firms provided incorrect GDPR consent advice to organisations. He cited that they recommended that the organisation should use consent from data subjects where perhaps they should, have relied on other forms of legal basis of processing.

Whilst Mr Rogers sets out a good argument and presents real examples, the comments relating to this article from other experts do not agree with him.

You can read the article and comments here

Like many of you, we’ve never understood why parts of the press, and some consultants, have made such a strong push on the fact that everything centres around the ‘consent’ element of the legal basis for processing data. Our article How concerned should schools be about consent provides advice on what we think schools need to consider. In addition, this article by the ICO “Consent is not the ‘Silver Bullet’ for GDPR Compliance” provides some useful pointers.