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> Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement
by Aloisius 3y ago
> Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent.
While DNT could potentially be used for opt-out, it wouldn't comply for opt-in because it is not specific or informed as the user does not know what specific data processing activities will be done, can't opt-in or out of specific data processing activities, doesn't know the identity of those doing them or that they can withdraw consent at any time.
- progval 3y agoIndeed, that's a good point