on Mar 27, 2018I 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?
First, I'm not a lawyer. Best to discuss with legal counsel.
That being said, I would agree with them - if you want to get the content, you must check the box.
For a Contact Us form, or a free trial, perhaps that is less certain - Yes, I want the free trial but no, I don't want extra marketing. Requiring opt in there would likely lead to lower conversion rate.
What CASL and GDPR say is that you cannot "pre-check" the box for them, that is to assume the opt in for the person. You must take a free action that is explicit and deliberate to opt in. Even for events, we were asked that the scanner or tablet be presented to the Lead for opt in checkbox.