Set by the law · GDPR Art. 7(4)
Freely given
In plain English
Consent counts only if the person has a real choice. It is doubtful when a service is made conditional on consent to processing it does not need, or when there is a clear imbalance of power.
The official text
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.
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
157 decisions on Fino cite Article 7 GDPR. See them →
Related
The official text is quoted word for word from the English version of the source named under it; only the version published in the Official Journal of the EU is legally binding. The plain-English line is Fino’s own summary, not legal advice.