Acts 2017 490 (ii) the recording or disclosure of the data is laid down by law. (4) Where data are not collected directly from the data subject concerned, the controller or any person acting on his or its behalf shall ensure that the data subject is informed of the matters specified in subsection (2). 24. Conditions for consent (1) The controller shall bear the burden of proof for establishing a data subject’s consent to the processing of his personal data for a specified purpose. (2) The data subject shall have the right to withdraw his consent at any time. (3) In determining whether consent was freely given, account shall be taken of whether, inter alia, 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. 25. Notification of personal data breach (1) (a) In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the Commissioner. (b) Where the controller fails to notify the personal data breach within the time limit specified in paragraph (a), he shall provide the Commissioner with the reasons for the delay. (2) Where a processor becomes aware of a personal data breach, he shall notify the controller without any undue delay. (3) The notification referred to in subsection (1) shall – (a) describe the nature of the personal data breach, including where possible, the categories and approximate number of data subjects and the categories and approximate number of personal data records concerned;

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