The rule.
“the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract”
Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.
What it requires.
- When assessing whether consent is freely given, utmost account is taken of whether the service is conditional on consent to processing it does not need.
- Marketing consent is almost never necessary to deliver the thing the person asked for.
Who it applies to.
Controllers that tie access to a product, a download, a feature or a reward to marketing consent.
Common violations in marketing copy.
Tick to receive marketing to continue to your account
Access conditional on consent the account does not need.
Download the report — you agree to our marketing emails
The download is the service; marketing consent is bundled into it.
Non-compliant vs compliant.
“Create your free wallet (requires marketing consent).”
“Create your free wallet. ☐ Optional: send me market updates by email.”
Related rules.
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GDPR Article 7(1) · European Union
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GDPR Article 7(2) · European Union
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GDPR Article 7(3) · European Union
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GDPR Article 4(11) · European Union
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GDPR (Regulation (EU) 2016/679) and the ePrivacy Directive 2002/58/EC.
Source.
| Instrument | Regulation (EU) 2016/679 (General Data Protection Regulation) |
|---|---|
| Provision | GDPR Article 7(4) |
| Primary source | https://www.legislation.gov.uk/eur/2016/679/article/7/adopted |
| Official text | https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng |
| Read from | legislation.gov.uk's as-adopted copy of the Official Journal text (/eur/2016/679/article/N/adopted) |
| Checked |
This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.