# GDPR Recital 43

General Data Protection Regulation (GDPR), version 2026.1, in force since 25 May 2018. Read from https://publications.europa.eu/resource/celex/32016R0679. Each clause starts with its key, which is how to cite it.

## gdpr-recitals:rec-43

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.

Page: https://dpolens.com/laws/gdpr/rec-43