Article 8 — Conditions for Consent

1/ For the purpose of Article 7 Sub-Article (2) lit. (a) Of this Proclamation, personal data should be processed on the basis of the consent given prior to the commencement of the processing. 2/ For the consent of the data subject to be valid, it must be free, informed, specific, clear and require an active action from the data subject. 3/ The data subject may withdraw his consent at any time. Information with regard to withdrawal of consent shall be given prior to giving his consent. [[[[[ 4/ The data controller shall not make the provision of any goods or services or the quality thereof, the performance of any contract, or the enjoyment of any legal right or claim, conditional on consent to processing of any personal data not necessary for that purpose. The application of this provision shall be decided on a case-by-case basis. 5/ The data controller shall bear the burden of proof to establish that consent has been given by the data subject for processing of personal data in accordance with Sub-Article (2) of this Article. The request for consent shall be presented in a manner which is clearly distinguishable and separate from other matters; request for consent cannot be bundled with other terms and conditions. 6/ Where the data subject withdraws consent for the processing of any personal data necessary for the performance of a contract to which he is a party, reasonable legal consequences for the effects of such withdrawal shall be borne by him. The withdrawal of consent by the data subject shall not affect the lawfulness of processing based on consent before its withdrawal.