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Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

Question asked by Dan Stevens. Expert on Mar 27, 2018
Latest reply on Apr 4, 2018 by Dan Stevens.

I recently came across an example where I was registering to download content and the site required me to tick the opt-in checkbox - while submitting the form - in order to download the content: 16 Tips to Capture Marketing Consent for GDPR – CleverTouch .



I used their chat feature to inquire about this since much of what we've learned is that you cannot make the ticking of the opt-in checkbox required.  The response I received was as follows:


The GDPR legislation talks about a "balance" in the exchange when it comes to opting-in - we take the view that if we're giving away content for free, there is a balance that you will provide us something in return. If you don't want to provide us that then that's OK - you just won't get the content.  As another example, if this was a paid for event then we wouldn't capture opt-in as well, as that would indicate an imbalance (revenue + an opt-in for 1 event registration).


Again, just wanted to share yet another interpretation/implementation of the GDPR laws.  Thoughts?


Michelle Miles

Grégoire Michel