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04 December 2018 / article

Dutch DPA publishes on explicit consent under PSD2

The Dutch Data Protection Agency has published a new Q&A on the explicit consent (uitdrukkelijke toestemming) requirements for payment service providers (PSPs) for accessing personal data under PSD2.

Data Protection & Privacy Update – January 2018

PSPs are required to request explicit consent for accessing personal data. Different rules apply if the services provided are limited to account information services. A PSP may only request explicit consent regarding access to personal data which is necessary for providing its services.

On 18 October 2018, the Dutch Data Protection Agency (Autoriteit Persoonsgegevens) issued a Q&A on the explicit consent (uitdrukkelijke toestemming) requirements for payment service providers (PSPs) under PSD2. To view the DPA news item: click here.

The Q&A provides, among others, the following clarifications:

  • Consent should be requested separately from any other parts of an agreement between parties.
  • Explicit consent is only thought to have been given when consent has been freely given. Pressuring a consumer into giving consent is not allowed, the consumer should be able to decline without experiencing a disadvantage.
  • Consent must be given unambiguously and actively. It must be unmistakably clear that consent is given, following for example from a (digital) written or spoken statement. Implied consent may not be assumed. Using pre-ticked boxes is not allowed.
  • Consumers must be informed in an accessible manner and in understandable language of the purpose (and means) of personal data processing, the identity of the organisation deciding on that; which personal data is collected and used; and, on the right to withdraw consent, which should be as simple as giving consent.
  • Consent has to be given for specific processing and a specific purpose.

A payment service provider must be able to demonstrate it has requested and been given unambiguous consent upon request by the supervisory authority.

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