Article 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.
- 1 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. 2 Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
- 1 The data subject shall have the right to withdraw his or her consent at any time. 2 The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. 3 Prior to giving consent, the data subject shall be informed thereof. 4 It 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.