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> “silence, pre-ticked boxes or inactivity” should not constitute consent Could you give a reference for that? I found this with a couple of examples[0] but m
by lloeki 9y ago
> “silence, pre-ticked boxes or inactivity” should not constitute consent
Could you give a reference for that?
I found this with a couple of examples[0] but my understanding so far is that as long as it's a separate isolated step dedicated to that question with clearly worded language explaining the collection, followed by a very explicit "I agree" button or checkbox, then it's fine. The step itself (not the checkbox) constitutes wilful agreement, as it requires action for that dedicated step: it's definitely not "inactivity" nor "silent". Here I assume the button to move to the next step is not simply labeled "next step", nor is it actionable by simply pressing the enter or space key, possibly by mistake.
[0]: https://dma.org.uk/article/gdpr-in-practice-tick-box-consent-forms https://dma.org.uk/article/gdpr-in-practice-tick-box-consent...
- wjnc 9y agoIt's right there in the regulation under (32) [0] I find your workflow reasonable, but it would fall short under 'free'. Negative and positive action are two different things and in this case the wording is quite clear ("clear affirmative act", "pre-ticked box [..] should not"). [0] http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=NL http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX...