Terms and conditions boxes - opt out ok?

[edo]

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

[Chunkford]

I'd be interested in this

[JasonD]

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.

[edo]

Thanks Jason. As ever, your knowledge of these things is hugely impressive. I think that's 23 bottles of wine I now owe you?