Guidelines 05/2020 on Consent under Regulation 2016/679 (GDPR)

SECTION 3  ELEMENTS OF VALID CONSENT

11. Article 4(11) of the GDPR stipulates that consent of the data subject means any:

• freely given,

• specific,

• informed and

• unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

12. In the sections below, it is analysed to what extent the wording of Article 4 (11) requires controllers to change their consent requests/forms, in order to ensure compliance with the GDPR.