Opt In
Definition
Opt-in is a consent model where individuals must actively agree or give permission before their personal data can be collected, used, or shared for specific purposes. Unlike opt-out models where you're included by default, opt-in requires affirmative action—checking a box, clicking a button, or explicitly providing consent. The opt-in approach is considered more privacy-protective because it respects user autonomy and ensures genuine agreement. Under the GDPR, valid consent generally requires opt-in, meaning silence, pre-ticked boxes, or inactivity cannot constitute consent. The ePrivacy Directive also requires opt-in consent for non-essential cookies and electronic marketing. Opt-in requirements vary by jurisdiction and purpose: marketing emails often require opt-in, certain sensitive data processing requires explicit opt-in consent, and children's data typically requires parental opt-in. The mechanics matter too—the opt-in mechanism must be clear, prominent, separate from other terms, and easy to understand. Pre-checked boxes are not compliant opt-in. The trend globally is toward opt-in models for more data processing activities, recognizing that default inclusion without active consent doesn't adequately protect privacy rights.
Applicable Laws & Regulations
- 1GDPR Article 4(11), Article 7
- 2ePrivacy Directive Article 5(3)
- 3CAN-SPAM Act 15 USC § 7704
- 4PIPEDA Principle 3