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Which provision of the GDPR explicitly defines “freely given” to exclude “sale of consent”? Again, I know this is conventional wisdom that gets passed around a

Which provision of the GDPR explicitly defines “freely given” to exclude “sale of consent”? Again, I know this is conventional wisdom that gets passed around a lot, but as far as I can tell it’s not present in the actual text of the regulation. e: I see a stealth edited reference to recital 43, which I hadn’t seen before and does seem to show I’m wrong here. Thanks for the reference.

PeterisP 4y ago
The main part is article 7.4 "When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, 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." which is a bit tricky legal language to make the distinction between PII use that's actually needed to perform the contract (which doesn't need consent, e.g. address to deliver goods) and uses beyond that (e.g. using the same address afterwards for ad targeting). The final part of recital 42 "Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment." is probably even more clarifying than recital 43.