Abstract

Consent of the data subject is one of the six legal bases for personal data processing set out in Art. 6 of the GDPR. The GDPR sets out the conditions that must be met for consent to be a lawful basis for the processing of personal data. Consent, as one of the legal bases for processing, is important as it gives data subjects control over their personal data. However, the importance of consent, as an expression of individual autonomy and self-determination, depends on its proper use and adaptation to specific contexts and requirements. In this article, the author presents selected positions of the European Data Protection Board, the Article 29 Working Party, as well as the selected case law and doctrinal positions, analysing the general conditions for data subjects’ consent to the processing of personal data under the GDPR and highlighting special situations related to obtaining valid consent in the digital context.