GDPR Chapter 2 - Art. 7
Conditions for consent
- Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
1If 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. 2Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
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. 3Prior to giving consent, the data subject shall be informed thereof. 4It shall be as easy to withdraw as to give consent.
- When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
(32) consent, clear affirmative action, voluntariness, formal requirements
(33) constent, research purposes, ethical standards
(42) proof of consent, Directive 93/13/EEC, content of the consent, voluntariness
(43) freely given consent, clear imbalance, examples of invalid consent