December 6, 2024

The Limitations of Consent as a Legal Basis for Data Processing in the Digital Society

Drawing largely from the experience under the GDPR and several EU digital laws, CIPL partnered with Bae, Kim & Lee LLC on this paper to make the case for shifting away from over-reliance on consent and exploring, instead, other legal bases such as contractual necessity and legitimate interest.

The paper argues that to ensure the viability and success of the digital economy and society, GDPR-style consent does not always have to be the go-to legal basis for an ever-expanding multitude of data processing scenarios where it is insufficient, ineffective, or impracticable.

The objective of this paper is to serve as a case study for law and policymakers in other jurisdictions looking to update their digital legislative frameworks.

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The Limitations of Consent as a Legal Basis for Data Processing in the Digital Society

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