State of Global Consent Requirements, Q2 2023

In 2021, there have been significant updates to cookies and consent requirements of Russia, Singapore, China, Finland, Italy, Germany and Denmark among other countries. With the Japanese Amended Act coming into force in April 2022, it’s consent requirements on the use of third-party cookies and third-party transfer of personal data have also been changed. Latvia has also recently updated its guidance on the use of cookies.

Depends on how the applicable data regulation deals with this question. Under most data protection laws, especially those that are based on the framework of the GDPR, consent is one of the primary legal bases that can be leveraged upon for the collection and use of personal information. You can find more information about consent requirements in the state of global consent requirements guide.

The definition of a “valid consent” varies from one data protection law to another. As per the GDPR, consent must be freely-given, specific, informed and unambiguous to be qualified as valid consent. Generally, consent is valid where an individual understands the nature, purpose and consequences of the data collection and use. The individual should also have the ability to refuse or withdraw consent at any time without any detriment.