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Legality of 'forced opt-in' in EU?

Question asked by Matthew Antos-Lewis on Oct 12, 2018
Latest reply on Oct 14, 2018 by Grégoire Michel

I'm wondering whether anyone has a clear view (with supporting evidence if possible) of the legality of the following under EU law:

 

  • A webform has a check box at the bottom inviting the visitor to subscribe/opt-in to further marketing communications
  • The check box is unticked (i.e. visitor must choose to opt-in)
  • But, the form's 'submit' button is greyed out unless the visitor ticks the opt-in box.

 

So, the action to tick the check box and opt-in is on one hand voluntary, but in reality given you can't submit the form without doing so, it is forced. Seems very murky to me. Does anyone have legal clarity?

 

Thanks in advance!

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