To satisfy the GDPR explicit consent requirement, you must receive consent from every Data Subject through an active opt-in.
An active opt-in is one that requires an individual to take a clear affirmative action, such as by ticking a checkbox. Prefilling a checkbox is considered a “soft” or “silent” opt-in and should be avoided.
With Cognito Forms, you can easily obtain explicit consent on your form using a Yes/No field:
- Add a Yes/No field to your form.
- In the field settings, select the Checkbox type.
- Make sure to include a message written in clear, easily understandable language (ex: “I agree to the terms and conditions”).
- Set the field as required.
Refer to the GDPR provisions or talk to your GDPR consultant for specific requirements.