In today’s digital age, the protection of personal data has become a top priority for most users, and therefore also for companies; not doing so can affect the company’s reputation and furthermore imply other liabilities. For this reason, it is important to know the different types of consent and how they play an important role in the protection of personal data.
👀 In this post, we will explore the key aspects of the different types of consent and how they can help you to comply with the law.
The 4 types of consent are: express consent, implied consent, opt in consent and opt out consent. Continue reading for the full breakdown and examples below.
Express Consent, also known as explicit or direct consent, occurs when someone explicitly agrees to the collection, use, or sharing of their personal data.
In this particular case, the user must take an active action to allow consent, for example by clicking on “Accept” or “Allow“.
For example:
👉 Express consent is crucial in data privacy, as it’s directly mentioned under laws such as the GDPR. It is also important to note that express consent should be obtained through clear and unambiguous communication so that individuals fully understand what they are agreeing to.
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Implied Consent, also known as “indirect consent”, can be defined as a situation in which an user’s actions imply that they agree to the collection, use, or sharing of their personal data.
For example:
In this case, the website must actively provide clear and concise information about the data processing activities, including the types of personal data processed, the purposes for which the data is processed, and the person’s rights in relation to their personal data, such as the right to access, rectify, or erase the data.
👉 Note that relying exclusively on implied consent may be illegal, depending on your circumstances and which laws apply to you.
Opt-In Consent refers to a situation in which a user actively chooses to agree to the collection, use, or sharing of their personal data.
For example,
Opt-In Consent gives individuals a clear and active choice in the use of their personal data, and is a key aspect of data privacy and is the process used under European and other data protection rules.
Under EU law (both GDPR and Cookie Law/ePrivacy), even when consent is given, people have the right to opt out and should always be informed of how they can do that.
👉 It’s important to note that opt-in consent should be obtained through clear and concise communication, so that individuals fully understand what they are agreeing to and can make an informed decision.
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Activate nowOpt-Out Consent refers to a situation in which an individual is automatically enrolled in the collection, use, or sharing of their personal data, but has the option to withdraw consent.
For example,
* note that this type of consent is typically not allowed under most European laws, though it is allowed currently under most US data privacy laws
Opt-Out Consent assumes that individuals consent to the use of their personal data unless they take action to opt-out.
👉 It’s important to note that clear communication is still crucial in opt-out consent, as individuals should be fully informed of what they are consenting to and how they can opt out if they so choose.
👀 Check out this article to learn more about what means to opt-in and opt-out.
As already mentioned, it is essential to understand the different types of consent in order to better process personal data and protect your customers’ personal data, make sure that you are aligned with the legal requirements that apply to you.
Whether it be express, implied, opt-in, or opt-out consent, it is important to obtain clear and informed consent in all data privacy matters. The power of consent lies in giving individuals control over their personal data and enabling them to make informed decisions.
As you can read in this post, managing consent is not simple and easy, it can be quite difficult to know right things to do.
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