Assess whether another documented lawful basis fits: Which approach best resolves the lawful-basis
The company should evaluate the lawful basis rather than presuming consent is mandatory or treating silence as agreement.
The question
Under the GDPR, a media company wants to use employees’ recorded voices to produce internal training content. Management proposes consent by default, but participation is connected to workplace responsibilities. Which approach best resolves the lawful-basis uncertainty?
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- Assess whether another documented lawful basis fits the processing. ✓Consent is not automatically required; the company should assess whether another lawful basis genuinely fits this employment context and purpose.
- Treat silence after notice as valid consent for voice use.Silence generally does not demonstrate the clear affirmative agreement required for consent, and workplace circumstances may affect voluntariness.
- Require consent because recorded voices are used in media production.Media production does not by itself make consent mandatory; lawful-basis analysis depends on purpose, context, and applicable conditions.
- Rely on the production vendor’s standard employee release form.A vendor form does not establish the company’s lawful basis or show that any consent is freely given and appropriately documented.
The trap
Do not default to consent; evaluate the purpose, relationship, voluntariness, and suitability of each available lawful basis. How to remember it
The company should evaluate the lawful basis rather than presuming consent is mandatory or treating silence as agreement.
How many of these would you get right?
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