http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX...> Consent should be given by a clear affirmative act establishing a freely given, specific, informed and
unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her,
such as by a written statement, including by electronic means, or an oral statement. This could include ticking a
box when visiting an internet website, choosing technical settings for information society services or another
statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed
processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute
consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the
processing has multiple purposes, consent should be given for all of them. If the data subject's consent is to be
given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive
to the use of the service for which it is provided.
> Where processing is based on the data subject's consent, the controller should be able to demonstrate that the
data subject has given consent to the processing operation. In particular in the context of a written declaration
on another matter, safeguards should ensure that the data subject is aware of the fact that and the extent to
which consent is given. In accordance with Council Directive 93/13/EEC (1) a declaration of consent preformulated
by the controller should be provided in an intelligible and easily accessible form, using clear and plain
language and it should not contain unfair terms. For consent to be informed, the data subject should be aware at
least of the identity of the controller and the purposes of the processing for which the personal data are
intended. 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.
> 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.