… It is clear from Article 2(f) of Directive 2002/58, in conjunction with Article 94(2) of
Regulation
2016
/
679
, that such consent must meet the requirements under Article 2(h) of Directive 95/46 or Article 4(11) of that regulation, depending on which of those two rules is applicable ratione temporis to the facts at issue in the main proceedings. …
… That directive was repealed with effect from 25 May 2018, by
Regulation
(EU)
2016
/
679
of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1), Article 4(11) of which defines ‘consent’ of the data subject as being ‘any freely given, specific, informed and unambiguous indication of …
… See, also, judgment of 11 November 2020, Orange Romania (C-61/19, EU:C:2020:901, paragraphs 28 to 32).
14 As the Court stated in its judgment of 11 November 2020, Orange Romania (C-61/19, EU:C:2020:901), ‘the wording of Article 4(11) of [
Regulation
2016
/
679
], which defines the ‘consent of the data subject’ for the purposes [of that regulation], appears even more stringent than Article 2(h) of Directive 95/46, in that it requires a ‘freely given, specific, informed and unambiguous’ indication of the …