Consent cannot be part of the terms and conditions; does this mean that a clause in the terms stating that the participant accepts the terms (including consent to processing) is invalid?

ANSWER

Consent to the processing of personal data must be given separately from acceptance of the terms and conditions, and the person from whom consent is being collected must have the ability to refuse. Consequently, a provision in the terms and conditions that links acceptance of the terms with the giving of consent is invalid. It is worth noting that in many cases the legal basis for processing personal data, for example of event participants, will not be consent but the controller's legitimate interest or a concluded contract. In such cases, consent is not required.