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ARTICLE · 17 APRIL 2018

The Concept Of ‘Consent' Under The GDPR

S.S. Rana & Co.
S.S. Rana & Co.
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As per Article 6 of the General Data Protection Regulation (hereinafter referred as ‘GDPR'), the processing of a European resident's personal data shall be lawful only if and to the extent...

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Introduction:

As per Article 6 of the General Data Protection Regulation (hereinafter referred as 'GDPR'), the processing of a European resident's personal data shall be lawful only if and to the extent that at least one of the conditions mentioned therein is satisfied. One such condition is regarding the data subject providing consent for the processing of his/her personal data. This article deals with examining the consent mechanism under the GDPR.1

Nature of consent:

Article 4 of the GDPR defines 'consent' of the data subject as 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.2

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