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 The principles of fair and transparent processing require that the data subject be informed of the existence of the  processing operation and its purposes. The controller should provide the data subject with any further  information necessary to ensure fair and transparent processing taking into account the specific circumstances  and context in which the personal data are processed. Furthermore, the data subject should be informed of the  existence of profiling and the consequences of such profiling. Where the personal data are collected from the  data subject, the data subject should also be informed whether he or she is obliged to provide the personal data  and of the consequences, where he or she does not provide such data. That information may be provided in  combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner, a  meaningful overview of the intended processing. Where the ico...
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 Member State law as referred to in this Regulation, including the necessity for compliance with the legal 

obligation to which the controller is subject or the necessity for the performance of a contract to which the data 

subject is party or in order to take steps at the request of the data subject prior to entering into a contract. 

(41) Where this Regulation refers to a legal basis or a legislative measure, this does not necessarily require a legislative 

act adopted by a parliament, without prejudice to requirements pursuant to the constitutional order of the 

Member State concerned. However, such a legal basis or legislative measure should be clear and precise and its 

application should be foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice 

of the European Union (the ‘Court of Justice’) and the European Court of Human Rights. 

(42) Where processing is based on the data subject's consent, the controller should be able to demonstrate that the 

data subject has given consent to the processing operation. In particular in the context of a written declaration 

on another matter, safeguards should ensure that the data subject is aware of the fact that and the extent to 

which consent is given. In accordance with Council Directive 93/13/EEC (

1

) a declaration of consent pre-

formulated by the controller should be provided in an intelligible and easily accessible form, using clear and plain 

language and it should not contain unfair terms. For consent to be informed, the data subject should be aware at 

least of the identity of the controller and the purposes of the processing for which the personal data are 

intended. Consent should not be regarded as freely given if the data subject has no genuine or free choice or is 

unable to refuse or withdraw consent without detriment. 

(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. 

(44) Processing should be lawful where it is necessary in the context of a contract or the intention to enter into a 

contract. 

(45) Where processing is carried out in accordance with a legal obligation to which the controller is subject or where 

processing is necessary for the performance of a task carried out in the public interest or in the exercise of 

official authority, the processing should have a basis in Union or Member State law. This Regulation does not 

require a specific law for each individual processing. A law as a basis for several processing operations based on a 

legal obligation to which the controller is subject or where processing is necessary for the performance of a task 

carried out in the public interest or in the exercise of an official authority may be sufficient. It should also be for 

Union or Member State law to determine the purpose of processing. Furthermore, that law could specify the 

general conditions of this Regulation governing the lawfulness of personal data processing, establish specifications 

for determining the controller, the type of personal data which are subject to the processing, the data subjects 

concerned, the entities to which the personal data may be disclosed, the purpose limitations, the storage period 

and other measures to ensure lawful and fair processing. It should also be for Union or Member State law to 

determine whether the controller performing a task carried out in the public interest or in the exercise of official 

authority should be a public authority or another natural or legal person governed by public law, or, where it is 

in the public interest to do so, including for health purposes such as public health and social protection and the 

management of health care services, by private law, such as a professional association. 

(46) The processing of personal data should also be regarded to be lawful where it is necessary to protect an interest 

which is essential for the life of the data subject or that of another natural person. Processing of personal data 

L 119/8 EN Official Journal of the European Union 4.5.2016 

(

1

) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

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