---
title: "Recital 43 GDPR"
canonical: "https://dposchool.com/gdpr/recital/43"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_43"
source_note: "Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-10-28"
last_reviewed: "2026-10-29"
language: "en"
publisher: "DPO School"
---

Recitals

# Recital 43

Text as of 28 October 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/gdpr/about#review)

## Official text

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.

## Source

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Recital 43 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_43)

Text as of 28 October 2026.

This is reference material, not legal advice.

## Related articles

This list is under review.

- [Article 6: Lawfulness of processing](https://dposchool.com/gdpr/article/6)
- [Article 7: Conditions for consent](https://dposchool.com/gdpr/article/7)

## Navigation

[GDPR Navigator](https://dposchool.com/gdpr) / [Recitals](https://dposchool.com/gdpr/recitals) / Recital 43

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