← NDPA 2023 · Lawfulness

s.26 — Conditions for valid consent

high consent

Requirement

Consent must be freely given, specific, informed and unambiguous, evidenced by a clear affirmative act; it must not be bundled with other terms; and the data subject must be able to withdraw it at any time without detriment.

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
consent
Required element 2 — any one of
freely givenspecificinformedunambiguousaffirmativewithdraw
Supporting terms — specificity signals
section 26opt-ingranularrecord of consenttimestampno detrimentnot bundled
Contradiction markers

Finding any of these outranks coverage — a policy that admits the gap is worse than silence.

implied consent pre-ticked bundled cannot withdraw

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.7 Conditions for consent consent
CCPA/CPRA Regs 7004 Symmetric choices and no dark patterns consent
GDPR Art.6 Lawful basis for processing consent
GDPR Art.21 Right to object, including to direct marketing consent
CCPA/CPRA 1798.120 Right to opt out of sale and sharing consent
CCPA/CPRA 1798.120(c)-(d) Opt-in consent to sell or share minors' information consent
CCPA/CPRA 1798.121 Right to limit use of sensitive personal information consent
CCPA/CPRA Regs 7025 Honour opt-out preference signals (Global Privacy Control) consent