The end of an “old“ consent? Consent faces legal action by Max Schrems and consumer agencies

Abstract

Consent will be a part of the first attacks of data activist Max Schrems under the GDPR.1 Most “old” consent forms will be invalid from on 25th May, that derives from a narrow interpretation of recital 171 GDPR by the WP292. This interpretation requires, that consent shall be fully compliant with the GDPR.3 GDPR raises the bar significantly in comparison to the Directive 95/46. I would like focus on three aspects: