Philippines: Adopted National Privacy Commission Guidelines on Consent (Circular No. 2023-04)

On 7 November 2023, the National Privacy Commission (NPC) adopted the guidelines on consent (circular No. 2023-04). The guidelines outline the rules personal information controllers (PICs) are required to follow when collecting and processing personal data based on an individual’s consent. The guideline specifies what constitutes valid consent and how it shall be obtained and managed in compliance with the Implementing Rules and Regulations of the Data Privacy Act. In particular, the guideline specifies that controllers have to provide in a clear manner information to individuals regarding the purpose, scope, extent and duration of personal data processing when they are requesting consent. In case of non-compliance with the requirements outlined in the guidelines, the controllers could face criminal, civil, and administrative penalties. The guidelines come into effect 15 days after their publication in the Official Gazette and must be implemented within 180 days thereafter.