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Learn moreSimplify recruiting, dynamically engage talent, and reduce hiring bias with job matching and recruiting chatbot technology.
Learn more Talk to salesGet exclusive intel on industry and market trends along with expert one-on-one advice.
Learn more Talk to salesThe #1 ATS in market share, our cloud-based recruiting software is built for both commercial and large, global employers.
Learn more Talk to salesAttract the best talent for your business with powerful, on-brand career websites that excite candidates and drive engagement.
Learn more Talk to salesBuild talent pipelines, engage candidates with multi-channel marketing campaigns, and use machine learning to automatically surface the right talent for the job.
Learn more Talk to salesEmpower candidates with automated self-service, qualification screening, and interview scheduling through an AI-enabled digital assistant.
Learn more Talk to salesSimplify employee onboarding with automated processes that maximize engagement and accelerate productivity.
Learn more Talk to salesCompliment your sourcing and engagement efforts with award-winning lead scoring and advanced campaign personalization.
Learn more Talk to salesImprove employee experience, retention, and reduce internal talent mobility friction with the iCIMS Opportunity Marketplace.
Learn more Talk to salesVerify skills with game-changing levels of automation and simplicity to improve the quality of hire at scale.
Learn more Talk to salesModernize, streamline, and accelerate your communication with candidates and employees.
Learn more Talk to salesTransform the talent experience by showcasing your authentic employer brand through employee-generated video testimonials.
Learn more Talk to salesGet robust analytics that help you make sense of your data and illuminate your talent pool.
Learn moreSimplify recruiting, dynamically engage talent, and reduce hiring bias with job matching and recruiting chatbot technology.
Learn more Talk to salesGet exclusive intel on industry and market trends along with expert one-on-one advice.
Learn more Talk to salesHow a beloved restaurant hires 40,000+ annually with a great candidate experience.
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February 1, 2018 
2 min read
We all know by now that one of the key underpinnings of the General Data Protection Regulation (GDPR) is data subject rights, including requirements for obtaining consent from data subjects. In our industry, that includes consent from job candidates.
Companies building their GDPR compliance programs are making choices about how the consent requirements apply to their specific businesses and operations. In December 2017, the Article 29 Working Party published draft guidance on the rules for valid consent under the GDPR. The 30-page guidance document underscores rigorous requirements that can vary from how consent is frequently handled by companies in the U.S. and other non-EU countries.
The draft provides guidance on what is necessary to satisfy each element of the definition of consent under the GDPR, including requirements that for consent to be valid it must be “freely given”, “specific”, “informed” and an “unambiguous indication of the wishes” of the data subject. The guidance points to the following factors that may impact whether a consent is, in fact, freely given for GDPR purposes:
The guidance also makes clear that some means of obtaining consent, such as pre-checked boxes or other opt-out methods, will not constitute valid consent under the GDPR. The guidance also cautions that blanket consent to terms and conditions that include consent language will not constitute consent.
The guidance examines the interplay between consent as a controller’s legitimate basis for processing and other lawful grounds for processing. Under the guidance a controller that asks for a data subject’s consent to process personal data “in principle” should not be able to rely on other lawful bases for processing as a “back up” if the controller cannot demonstrate that valid consent has been obtained or if consent has been withdrawn.
With respect to withdrawal of consent, the draft guidance discusses the requirement that it must be just as easy for a data subject to withdraw consent as it is for the data subject to grant consent in the first instance. The Working Party opines that it would not be valid, for example, for a company that obtains consent online to require a data subject to call the controller in order to be able to withdraw consent.
It is unclear when final guidance will be issued by the Working Party. Given, however, that GDPR compliance is required by May 25th – and much of the draft guidance is based on earlier opinions from the Data Protection Authorities – organizations may find the draft guidance useful as they formulate their approaches to consent.
About the Author: Neal Dittersdorf, iCIMS General Counsel, Privacy Officer & Corporate Secretary
Neal Dittersdorf joined iCIMS in 2016 as general counsel and corporate secretary. In his role, Dittersdorf oversaw the company’s legal, compliance, information security and risk management functions. He also was responsible for corporate governance, serving the Board of Directors as corporate secretary.
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