GDPR Guidance on Consent & Transparency

Latest pronouncements on key GDPR concepts. (Getty Images license)

Earlier this week the Article 29 Working Party issued two critical guidances on "Consent" and "Transparency" as defined under the GDPR. Both are key concepts to the eventual enforcement of what many has called as a "once-in-a-lifetime" legislation. 

Apparently, the Article 29 Working Party has already adopted these guidances and yet they are seeking public comments thereon until January 23, 2018. (Send comments to JUST-ARTICLE29WP-SEC@ec.europa.eu and presidenceg29@cnil.fr). This may be a European way of seeking public comments on rules that have already been adopted and I question the democratic nature of such a "process". In the U.S. under the Administrative Procedures Act, all administrative rules must be submitted for public comments BEFORE they have been adopted.