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Glossary · Legal

What is Explicit Consent?

Explicit consent is the approval a person gives for a specific data-processing activity, of their own free will, informed and leaving no room for doubt. A pre-ticked box, or consent tied to a condition of service, does not count as valid.

Detail

The most common mistake in e-commerce is making explicit consent a precondition of the contract. Forcing marketing consent in order to place an order invalidates that consent. Consent must always be withdrawable and the way to withdraw it must be easy to find.

Example

The "I want to hear about campaigns" box at checkout should arrive unticked and must not be mandatory.
FAQ

Common questions on this topic.

How is Explicit Consent calculated?

The most common mistake in e-commerce is making explicit consent a precondition of the contract. Forcing marketing consent in order to place an order invalidates that consent. Consent must always be withdrawable and the way to withdraw it must be easy to find.

Why does Explicit Consent matter?

The most common mistake in e-commerce is making explicit consent a precondition of the contract. Forcing marketing consent in order to place an order invalidates that consent. Consent must always be withdrawable and the way to withdraw it must be easy to find.

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