Article 7 – Conditions for consent

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

This article of the General Data Protection Regulation is addressed in recitals (32) (33) (42) (43) of the GDPR.*

* The reference between articles and recitals is based on the professional assessment of activeMind.legal.

Content of the GDPR

CHAPTER I – General provisions (Art. 1 - 4)

CHAPTER II – Principles (Art. 5 – 11)

CHAPTER III – Rights of the data subject (Art. 12 - 23)

Section 1 - Transparency and modalities

Section 2 – Information and access to personal data

Section 3 – Rectification and erasure

Section 4 – Right to object and automated individual decision-making

Section 5 – Restrictions

CHAPTER IV – Controller and processor (Art. 24 - 43)

Section 1 – General obligations

Section 2 - Security of personal data

Section 3 - Data protection impact assessment and prior consultation

Section 4 - Data protection officer

Section 5 - Codes of conduct and certification

CHAPTER V – Transfers of personal data to third countries or international organisations (Art. 44 - 50)

CHAPTER VI – Independent supervisory authorities (Art. 51 – 59)

Section 1 - Independent status

Section 2 - Competence, tasks and powers

CHAPTER VII – Cooperation and consistency (Art. 60 – 76)

Section 1 - Cooperation

Section 2 - Consistency

Section 3 - European data protection board

CHAPTER VIII – Remedies, liability and penalties (Art. 77 – 84)

CHAPTER IX – Provisions relating to specific processing situations (Art. 85 – 91)

CHAPTER X – Delegated acts and implementing acts (Art. 92 – 93)

CHAPTER XI – Final provisions (Art. 94 – 99)