- 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.
- 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.
- 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 The data subject shall be informed of this before giving consent.
- 1 Consent shall be effective only when based on the data subject’s free decision. 2 When assessing whether consent was freely given, the circumstances in which it was given must be taken into account. 3 The data subject shall be informed of the intended purpose of the processing. 4 If necessary in the individual case or on request, the data subject shall also be informed of the consequences of withholding consent.
- If special categories of personal data are to be processed, the consent must explicitly refer to these data.
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