sec_1_6_2__para__7

Accordingly, for the processing operations that are not necessary for the performance of the contract, the trader must additionally rely on another authorised legal basis for processing under the GDPR, for example, the consumer’s free and informed consent (Article 6(1)(a)) (32). In accordance with the GDPR, consumers’ consent is only valid if it is freely given, specific, informed and unambiguous. In the context of a contractual relationship, consent can only be freely given if it is not conditional to the performance of contract (Article 7(4) GDPR). Being able to withdraw consent without detriment is therefore an essential requirement for the validity of consent (Recital 42 GDPR). After the consent is withdrawn, the trader can no longer lawfully process the personal data whose processing was based on that consent.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.