3 ms·
The ICO indicates the GDPR (Well UK GDPR now they've left the EU, but it hasn't had time to diverge yet) unambiguous consent is satisified by: > Clear affirmat
by Macha 6y ago
The ICO indicates the GDPR (Well UK GDPR now they've left the EU, but it hasn't had time to diverge yet) unambiguous consent is satisified by:
> Clear affirmative action means someone must take deliberate and specific action to opt in or agree to the processing, even if this is not expressed as an opt-in box. For example, other affirmative opt-in methods might include signing a consent statement, oral confirmation, a binary choice presented with equal prominence, or switching technical settings away from the default.
> The key point is that all consent must be opt-in consent, ie a positive action or indication – there is no such thing as ‘opt-out consent’. Failure to opt out is not consent as it does not involve a clear affirmative act. You may not rely on silence, inactivity, default settings, pre-ticked boxes or your general terms and conditions, or seek to take advantage of inertia, inattention or default bias in any other way. All of these methods also involve ambiguity – and for consent to be valid it must be both unambiguous and affirmative. It must be clear that the individual deliberately and actively chose to consent.
So allow/decline is a "binary choice presented with equal prominence" as required but "allow/more info" or "allow/advanced settings" is not equal prominence (especially when visual styling emphasises Allow, or more info/advanced settings is buried in text.
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/consent/what-is-valid-consent/#what4 https://ico.org.uk/for-organisations/guide-to-data-protectio...