§ 46 HDSIG
Consent
(1)Where the processing of personal data may, under 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 data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is 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 his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The data subject shall be informed thereof before giving consent. It shall be as easy to withdraw as to give consent.
(4)Consent shall only be effective if it is based on the free decision of the data subject. When 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. If this is necessary in the circumstances of the individual case or if the data subject so requests, he or she shall also be informed of the consequences of refusing consent.
(5)Where special categories of personal data are processed, the consent must expressly refer to such data. zur Einzelansicht § 46