Explicit consent
Consent relating to a specific matter, based on information and given of free will; it is one of the legal bases for processing personal data.
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Why it matters
Explicit consent is used when no other legal basis applies, for example for marketing messages or some cookies. It cannot be made a condition of the service and must always be withdrawable. Asking for consent when another basis such as performing a contract or a legal obligation applies misleads people and causes problems when consent is withdrawn.
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Example
A shop processes the delivery address to fulfil the order, on the basis of the contract, and does not ask for consent for it. For promotional e-mails it uses a separate, unticked checkbox.
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Common mistake
Collecting blanket consent for all processing with a single box, or showing the box pre-ticked. Consent must relate to a specific matter and be given through the person's active action.
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Related terms
Related services and guides
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