Yes, employee consent is possible in certain circumstances – but do not assume old processing activities fully comply.

That, in summary, was the position of the Belgian Data Protection Authority (BDPA) in a decision of 9 November 2020 of its Litigation Chamber following a complaint by an individual against its employer, a Belgian hospital.

It even found that this particular consent was in fact freely given; it was in relation to information that the BDPA found the employer's approach insufficient.

Read here the analysis by Peter Craddock and Sien Vandezande – and don't forget to check whether any of your processing activities could (or should) be based on valid consent.

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