General Data Protection Regulation (GDPR)
Table of Contents
Chapter I – General provisions
Chapter II – Principles
Chapter III – Rights of the data subject
Chapter IV – Section 4
Chapter V – Section 5
Chapter VI – Independent supervisory authorities
Chapter VII – Cooperation and consistency
Chapter VIII – Remedies, liability and penalties
Chapter IX – Provisions relating to specific processing situations
Chapter X – Delegated acts and implementing acts
Chapter XI – Final provisions
Recitals (173)
Recital 43
(43) In order to ensure that consent is freely given, consent should not provide a valid legal ground for the processing of personal data in a specific case where there is a clear imbalance between the data subject and the controller, in particular where the controller is a public authority and it is therefore unlikely that consent was freely given in all the circumstances of that specific situation. Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance.