CDPSE · Question #377
A request for consent to collect personal data MUST:
The correct answer is B. be separate from general terms and conditions.. Under major privacy frameworks like GDPR, a valid request for consent must be clearly distinguishable from other matters and presented separately from general terms and conditions. Bundling consent within T&C makes it impossible to ensure the individual freely and specifically ag
Question
A request for consent to collect personal data MUST:
Options
- Abe limited to persons of legal age.
- Bbe separate from general terms and conditions.
- Cbe a condition or using the service.
- Dask consumers to take steps to opt out.
How the community answered
(31 responses)- A3% (1)
- B90% (28)
- D6% (2)
Explanation
Under major privacy frameworks like GDPR, a valid request for consent must be clearly distinguishable from other matters and presented separately from general terms and conditions. Bundling consent within T&C makes it impossible to ensure the individual freely and specifically agreed to data processing. Consent is not required to be limited to adults only in all contexts (A). Making consent a condition of service (C) renders it non-freely given, which is invalid under GDPR. Opt-out mechanisms (D) do not meet the standard of explicit, affirmative consent required by most modern privacy laws.
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