No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
A request for consent shall be explicitly made in a written statement, or via
electronic means, unless it cannot be done by its nature.
In requesting consent from the data subject, the Personal Data Controller
shall also inform the purpose of the collection, use, or disclosure of the Personal Data. Such
request for consent shall be presented in a manner which is clearly distinguishable from the
other matters, in an easily accessible and intelligible form and statements, using clear and plain
language, and does not deceptive or misleading to the data subject in respect to such purpose.
In this regard, the Committee may require the Data Controller to request for data subject's
consent in accordance with the form and statements as prescribed by the Committee.
In requesting consent from the data subject, the Data Controller shall utmost
take into account that the data subject's consent is freely given. Also, the entering into the
contract, including any provisions of the service shall not be a condition to obtaining consent
for the collection, use, or disclosure of Personal Data that is not necessary or not related to
such contract entering, including the provisions of the service.
The data subject may withdraw his or her consent at any time. The withdrawal
of consent shall be as easy as to giving consent, unless there is a restriction of the withdrawal
of consent by law, or the contract which gives benefits to the data subject. However, the
withdrawal of consent shall not affect the collection, use, or disclosure of personal data that
the data subject has already given consent legally under this Chapter.
In the event that the withdrawal of consent will affect the data subject in any
manner, the Data Controller shall inform the data subject of such consequences o f
c o n s e n t ' s withdrawal.
The request for the data subject’s consent which is not in accordance with
those prescribed in this Chapter shall have no binding effect on the data subject and shall no
longer enable the Data Controller to collect, use, or disclose the Personal Data.
Section 20 In the event that the data subject is a minor who is not sui juris by
marriage or has no capacity as a sui juris person under Section 27 of the Civil and
Commercial Code, the request for the consent from such data subject shall be made as follows:
(1) In the event that the minor’s giving of consent is not any act which the
minor may be entitled to act alone as prescribed under Section 22, Section 23, or Section
24 of the Civil a n d Commercial Code, such act also requires consent of the holder of
parental responsibility over the child.
(2) Where the minor is below the age of ten years, the consent shall be
obtained from the holder of parental responsibility over the child.
In the event that the data subject is incompetent, the consent must be obtained
from the custodian who has the power to act on behalf of the incompetent person.
In the event that the data subject is quasi-incompetent, the consent must be
obtained from the curator who has the power to act on behalf of the quasi-incompetent person.
The provisions of paragraphs one, two and three shall apply mutatis
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