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

On 27 May 2024, the obligations under the National Privacy Commission (NPC)’s guidelines on consent (circular No. 2023-04) enter into force. 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 clear 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.