Conditions for consent

7.(1) Where processing is based on consent, the data controller shall demonstrate that the data subject has consented to processing of his personal data.

(2) Where the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language.

(3) A data subject has the right to withdraw his consent in respect of the processing of his personal data at any time and the data controller shall inform the data subject of his right to withdraw prior to him giving consent to the data controller to process his personal data.

(4) The withdrawal of consent by the data subject shall not affect the lawfulness of processing based on consent before its withdrawal.

(5) In determining whether consent is freely given, the data controller shall take into account whether 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.