I was under the impression that T&C's/marketing boxes that users tick and you can then get access to their data had to be opt-in (i.e. they have to tick them to proceed), but someone mentioned to me today that they don't have to be and can be pre-ticked. Is this the case?
Saw this online but not much since 2013:
http://www.out-law.com/en/articles/2013/january/consent-from-pre-ticked-boxes-should-generally-not-be-valid-under-new-eu-data-protection-regime-says-mep/
Anyone know if T&C/marketing boxes have to be opt-in to tick in the UK?
Ed
I'd be interested in this
UK law hasn't had "full" a test case on the matter yet, but tick box / shrink wrap agreements are considered enforceable by all the current big city lawyers and that is likely to stay the same until / if there is case law saying differently.
So Opt in, is considered More compliant than "opt out" but both are compliant.
Thanks Jason. As ever, your knowledge of these things is hugely impressive. I think that's 23 bottles of wine I now owe you? :P