August 9, 2025
2 min read
The General Data Protection Regulation (GDPR) stipulates specific conditions for lawful consent under Article 7, which are critical for data controllers to adhere to in order to ensure compliance. The four main conditions identified include:
Proof of Consent: Data controllers must be capable of demonstrating that valid consent was obtained. This implies maintaining a clear record of user consents as evidence. Failure to provide such proof undermines the legitimacy of the consent (Voigt & Von dem Bussche, 2017).
Clarity and Accessibility: Consent requests must be clearly distinguishable from other information and presented in an intelligible, easily accessible manner using clear and plain language. This prevents ambiguity and ensures that users understand precisely what they are consenting to.
Right to Withdraw Consent: Users must be informed of their right to withdraw consent at any time prior to granting it. Importantly, the process to withdraw consent should be as straightforward as giving it, ensuring no undue barriers exist. This condition enforces ongoing user autonomy over personal data processing.
Freely Given Consent: Consent is not freely given if the execution of a contract or the provision of a service depends on consent for processing personal data that is unrelated to that service. This condition protects users from coercion or conditional processing where consent is bundled with unrelated terms (Kuner et al., 2020).
In summary, these conditions emphasize transparency, user control, and accountability in data processing practices. The requirement for demonstrable proof aligns with GDPR’s accountability principle, while clarity and withdrawal rights enhance user empowerment. The restriction on conditional consent ensures fairness in contractual relationships involving personal data.
