Lawful basis and valid consent
Step 1 / 4·What makes consent valid
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Learning objectives — after this module you will:
- Know when consent is required and when another basis applies
- Recognise consent that is not valid
- Draft a processing notice for employees
What makes consent valid
Understand the four conditions of usable consent.
The common approach is a line at the bottom of the application form or employment contract: 'I agree that the company may collect, store and use my personal information.' A line like that has almost no legal value, because it breaches all four conditions of valid consent.
Four conditions of valid consent
| Condition | What it means | Where the contract line fails |
|---|---|---|
| Freely given | Saying no is possible and costs nothing | Refuse to sign and you do not get the job — that is coercion, not free choice |
| Specific | One purpose at a time, not bundled | 'Collect, store and use' bundles every purpose into one line |
| Informed | They know who processes it, what data, for what purpose, for how long, shared with whom | Says nothing about third parties or retention |
| Clearly expressed | Through an affirmative act; silence is not consent | A pre-ticked box or a default clause does not count |
The particular problem in employment
An employment relationship always carries a power imbalance: employees find it very hard to refuse an employer's request. Consent is therefore always a WEAK basis here. For things you must do to perform the employment contract or to meet a statutory duty — paying wages, contributing social insurance, filing tax — rely on the corresponding basis instead of trying to obtain consent.
Key takeaway: Freely given, specific, informed and clearly expressed — miss one and the consent is unusable.