Journal №1-2 (2025)
Data Subject Consent as a Legal Basis: Theoretical and Practical Perspectives
∘ Tamar Samniashvili ∘

The article discusses the data subject consent institution as a legal basis for the processing of personal data. It analyzes the criteria of lawful consent, including voluntariness, active expression of will, specificity, and clarity. The particular importance of consent in the processing of children’s personal data and special category data is emphasized. The study examines the peculiarities of consent formulation in documents, contracts, and online environments, emphasizing the mandatory protection of transparency and informed consent principles. The article is based on a comparative analysis of Georgian national legislation and international law, particularly the European Union’s General Data Protection Regulation (GDPR).  Key challenges and risks in the practical implementation of the consent institution are identified. The article presents the criteria necessary for the effective functioning of consent, whose implementation in practice contributes to the development of a data protection culture and the strengthening of public trust in both private and public sectors.

See in detail: 

---