DPA case 7121-1 / 2020/369 – Order (Slovenia, 2020)

Various providers have opened up their digital content to provide free access to this content for students and students, and some are looking to gain access to creating classrooms by groups of students' online addresses. The IP received a request from the principals whether the consent would be valid if the students gave it electronically via e-mail, and not in the written form, since a handwritten consent cannot be obtained during the pandemic period. The IP clarified that under the GDPR consent does not have to be handwritten. According to Article 4(11) GDPR, "consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her". Consent may therefore be given in writing, electronically or in another appropriate manner. The IP further provided that the validity of consent must be subject to the conditions laid down in Article 7 GDPR. Additionally, in this case, the IP also reiterated the provisions of Article 8 GDPR on conditions applicable to child's consent in relation to information society services. Against this background, consent may also be given by electronic means subject to the conditions set out in Articles 7 and 8 GDPR. It is also recalled that individuals need to be properly informed before giving their consent - they should be clearly informed of what personal data will be processed, for what purposes, about their rights, etc., as required by Article 13 GDPR.