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GDPR Compliance: Common Misconceptions

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Confusion persists around various provisions of the European Union's General Data Protection Regulation, particularly the issue of when organizations need to obtain a consumer's consent to process their data, says attorney Elizabeth Harding of the law firm Polsinelli.

One of the most common misunderstandings involves the "lawful basis for processing" of Europeans' data, she says in an interview with Information Security Media Group. "Under GDPR, you have to have this lawful basis to process ... and that can come from consent. But you can also have lawful basis for processing if it's necessary for performance of a contract, or for the company's legitimate business," she says.

Many companies, however, are relying on obtaining European individuals' consent for all data processing - and that's often a mistake, she says. "It's not necessary because often there is a different basis for processing."

In those cases where obtaining consent is necessary, GDPR has clear...(continued)

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