Samtykkeerklæring

Samtykkeerklæring is a document or statement in which an individual explicitly agrees to a specific action or regulation. It is commonly used in contexts such as personal data processing, medical treatment, participation in research, or marketing communications. A valid samtykkeerklæring should be voluntary, informed, specific, and unambiguous, and it should be revocable. It may be given in writing or electronically, and it is typically linked to a defined purpose and a limited time frame.

In EU law, consent is one of the legal bases for processing personal data under the General Data Protection Regulation (GDPR). For consent to be valid, it must be freely given, specific, informed, and an explicit affirmative act. For sensitive data or minors, stricter rules apply. Consent must be easy to withdraw, and the procedure for withdrawal should be described in the declaration.

Content and form of a samtykkeerklæring should include who processes the data, for what purpose, what data are collected, data recipients, storage duration, and the rights of the data subject, including how to withdraw consent. It should avoid pre-ticked boxes and vague formulations, and use clear, accessible language. The declaration may specify the consequences of giving or withholding consent.

Practical considerations include keeping records securely, ensuring consent is separate from other terms, regularly reviewing consent, and documenting the date and method of consent. Limitations of consent include that it may not justify all processing, and it can be withdrawn at any time; other legal bases may be required for certain activities.