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FDPA Part 3 - Chapter 2 - § 51

Consent

  1. If personal data may be processed by law on the basis of consent, the controller must be able to present evidence of the data subject’s consent.
  2. If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language.
  3. 1The data subject shall have the right to withdraw his or her consent at any time. 2The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. 3The data subject shall be informed of this before giving consent.
  4. 1Consent shall be effective only when based on the data subject’s free decision. 2When assessing whether consent was freely given, the circumstances in which it was given must be taken into account. 3The data subject shall be informed of the intended purpose of the processing. 4If necessary in the individual case or on request, the data subject shall also be informed of the consequences of withholding consent.
  5. If special categories of personal data are to be processed, the consent must explicitly refer to these data.