How to avoid pitfalls when collecting data processing consent?

According to the Law of Ukraine on Personal Data Protection, properly obtaining consent for data processing is a key requirement for any business or organization working with user information. The consent must be clear, voluntary, and transparent, aligning with the principles of data protection legislation.

Key consent requirements

To avoid mistakes when collecting consent, it is essential to follow these guidelines:

Clear wording: Consent should be understandable and unambiguous.
No coercion: Ensure users provide their consent voluntarily, without manipulation or pressure.
Informed users: Before giving consent, users must have access to all necessary information, helping them understand how their data will be used.
Revocation option: Users must be able to revoke their consent at any time just as easily as they provided it.

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Common pitfalls when collecting consent

Uninformed consent: If users do not have full information about how their data will be processed, the consent is considered invalid.
Coerced consent: Users cannot be forced to agree to data processing as a condition for accessing services that do not require such processing.
Complicated consent revocation: Users must have a simple, transparent way to revoke their consent. Otherwise, companies risk penalties.

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How to avoid these mistakes

1. Thorough review of forms: Ensure all data processing consent forms clearly explain why data is collected and how it will be used.

2. Regular updates to privacy policy: Your privacy policy should be current and reflect any changes in data processing practices.

3. Transparent consent revocation process: Provide an easy and quick method for users to revoke their consent.

4. Employee training: Make sure that employees handling data are aware of the law on personal data protection and how to collect consent properly.

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Legislation on personal data protection

The foundation for collecting and processing personal data in Ukraine is the Law of Ukraine on Personal Data Protection. This law outlines the rules for collecting, storing, and using citizens’ personal information. Specifically, Article 16 emphasizes the duty to obtain voluntary consent from data subjects before processing their personal data.

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According to the law, organizations must ensure an adequate level of data protection, especially in high-risk situations such as martial law. During these times, the risks of data leaks increase, so companies must be particularly vigilant about protecting users' personal data.

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Conclusion

When collecting consent for processing personal data, it's crucial to avoid a purely formal approach and instead provide clear, transparent information. For example, many companies embed general terms in privacy policies or use complex legal language, making it difficult for users to fully understand. This can result in invalid consent, as it wasn't obtained properly.

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To avoid such pitfalls, companies should provide clear explanations for what data is collected and how it will be used. For instance, brief explanations beside each consent request help ensure transparency and user understanding.

Proper consent collection is not just a legal obligation but an important step toward building trust with customers. Avoiding mistakes during consent collection will not only help you comply with the law but also protect your business's reputation.

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Contact our experts for assistance in implementing effective data collection and processing policies in compliance with Ukrainian legislation.

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‍Contact us: business@avitar.legal