b) if the Data Subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding on the Data Subject; c) prior to giving consent, the Data Subject shall be informed of his right and method to withdraw his consent at any given time. However, the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal; d) when assessing whether consent is freely given, utmost account shall be taken of whether 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 (or excessive) for the performance of that contract; and e) where data may be transferred to a third party for any reason whatsoever 2.4 DUE DILIGENCE AND PROHIBITION OF IMPROPER MOTIVES (a) No consent shall be sought, given or accepted in any circumstance that may engender direct or indirect propagation of atrocities, hate, child rights violation, criminal acts and anti-social conducts; (b) A party to any data processing contract, other than an individual Data Subject, shall take reasonable measures to ensure the other party does not have a record of violating the principles set out in Part 3 and he is accountable to NITDA or a regulatory authority for data protection within or outside Nigeria; accordingly, every Data Processor or Controller shall be liable for the actions or inactions of third parties who handle the Personal Data of Data Subjects under this Regulation; (c) In this Part, “a party” shall include directors, shareholders, servants and privies of the contracting party; and record shall include report of public 9 NIGERIA DATA PROTECTION REGULATION