§ 36 BlnDSG
Consent
(1)Where the processing of personal data may, pursuant to a legal provision, take place on the basis of consent, the controller must be able to demonstrate the consent of the data subject.
(2)Where the consent of the data subject is given by written or electronic declaration and that declaration also concerns other matters, the request for consent must be presented in a manner clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language.
(3)The data subject shall have the right to withdraw consent at any time. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal. The data subject shall be informed thereof before giving consent.
(4)Consent shall be valid only if it is based on the free decision of the data subject. In assessing whether consent was freely given, the circumstances of its provision must be taken into account. The data subject shall be informed of the intended purpose of the processing. The data subject shall be informed, with an explanation of the legal consequences, that consent may be refused.
(5)Where special categories of personal data are processed, consent must expressly relate to those data. zur Einzelansicht § 36