The goal of the DIFC Commissioner of Data Protection (the "Commissioner") in producing this guidance is to assist organisations subject to the DIFC Data Protection Law, Law No. 5 of 2020 (the "DPL") and the Data Protection Regulations issued pursuant to the DPL (the "Regulations") to understand the requirements behind, and the consequences of, reliance on consent as a basis for the Processing of Personal Data pursuant to Article 10(1) and Article 11(a) of the DPL.
Article 12 of the DPL imposes requirements in relation to obtaining valid and lawful consent.
The guidance is issued by the Commissioner pursuant to Article 46(3)(h)(iii) of the DPL. In accordance with Schedule 1, Section 2(g) of the DPL, guidance issued under the DPL is indicative and non-binding.
This guidance is based on the DPL and the Regulations (collectively, "Legislation") as at 1 July, 2020 and remains current unless and until updated, withdrawn or replaced. Please visit www.difc.ae to read the full text of the Legislation.
This guidance comprises the Commissioner's interpretation of the Legislatio...