Recitals
Recital 43
Recital 43
Freely Given Consent and Imbalances of Power Unofficial title
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.
https://gdpr.digiphile.law/recital/recital-43.html
Text as at 19 September 2026.
This is an unofficial convenience version of the EU GDPR (Regulation (EU) 2016/679). It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.