Active Consent
Definition
A form of consent requiring individuals to take a deliberate, affirmative action to agree to data processing—the opposite of passive or implied consent. Active consent typically involves checking an unchecked box, clicking an 'I agree' button, or signing a form. Pre-checked boxes, inactivity, or silence don't count as active consent. This standard ensures individuals make conscious, intentional choices about their data rather than accidentally agreeing through inaction. Active consent is particularly important for sensitive data processing, marketing communications, and cookies beyond those strictly necessary. The key is that the individual must do something to indicate agreement—their consent must be unmistakable. This approach aligns with modern privacy laws that prioritize informed, intentional choice over assumed permission.
Applicable Laws & Regulations
- 1GDPR Article 4(11) - Definition of consent requiring clear affirmative action
- 2GDPR Recital 32 - Consent requiring positive action
- 3ePrivacy Directive Article 5(3) - Cookie consent requirements