Consents obtained: Overview, definition, and example
What are consents obtained?
Consents obtained refer to the explicit permissions or approvals that are given by an individual, group, or entity, typically in writing, for a specific action or decision to be made. These consents are necessary in various legal, business, and personal contexts where one party must receive permission from another before proceeding with a particular course of action. The consents obtained can pertain to a wide range of matters, such as the use of personal data, entering into a contract, transferring rights, or making changes to an agreement.
In many situations, obtaining consent is a legal requirement to ensure that all parties involved are fully informed and agree to the terms before proceeding.
Why are consents obtained important?
Consents obtained are important because they ensure that all parties involved in a transaction, agreement, or action have agreed to the terms and conditions, which helps prevent misunderstandings, disputes, and legal challenges. In many legal frameworks, consent is required to comply with privacy laws, contractual obligations, and regulatory requirements. For example, companies must obtain consent from individuals before collecting or processing their personal data, as required by privacy laws like GDPR.
Obtaining proper consent also establishes trust between parties, ensures transparency, and provides a record that consent was granted, which is often important in case of future legal or contractual disputes.
Understanding consents obtained through an example
Imagine a company that is launching a marketing campaign where it plans to collect personal information from customers. Before proceeding, the company must obtain consent from each customer to collect and use their data for marketing purposes. The company sends out consent forms to customers, clearly explaining how the data will be used. Customers must sign these forms before the company can legally process and use their personal information for marketing.
In another example, a landlord might need to obtain consent from a tenant before making changes to the rental property, such as installing new fixtures or making structural modifications. The tenant's written consent is necessary to ensure the landlord is complying with the lease terms and respecting the tenant’s rights.
An example of consents obtained clause
Here’s how a clause like this might appear in an agreement or contract:
“The Company hereby confirms that all consents obtained from individuals, including but not limited to consent for data collection and processing, have been duly documented in compliance with applicable privacy laws. No personal data will be collected or processed without obtaining the explicit consent of the individual.”
Conclusion
Consents obtained are a crucial part of legal and business processes, ensuring that all parties are informed and have explicitly agreed to the terms of an agreement or action. Whether related to personal data, contractual changes, or other business activities, obtaining consent provides protection for both parties, helps avoid legal issues, and fosters trust. Proper documentation of consents obtained is also essential for compliance with laws and regulations, making it an essential part of any transaction or agreement.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.