The protection of personal data has become a top priority for most users, and for companies as well. Ignoring it can affect the company’s reputation and imply other liabilities. For this reason, it is important to understand the different types of consent and how they play an important role in the protection of personal data.
👀 In this post, we will explore the key aspects of the different types of consent and how they can help you to comply with the law.
There are several different types of consent: express consent, informed consent, implied consent, granular consent, opt-in consent, opt-out consent and withdrawable consent. Continue reading for the full breakdown and examples below.
Expressed consent, also known as explicit, direct, or active consent, occurs when someone explicitly agrees to the collection, use, or sharing of their personal data.
In this particular case, the user must take an active action to allow consent, for example by clicking on “Accept” or “Allow“ on a cookie banner, or agreeing to a privacy policy.
For example:
👉 Expressed consent is crucial in data privacy, as it’s directly mentioned under laws such as the GDPR. It is also important to note that express consent should be obtained through clear and unambiguous communication so that individuals fully understand what they are agreeing to.
Collecting cookie consent? Check out this cookie consent forms examples and make sure you are doing in the right way.
Informed consent means that individuals are fully aware of what they are consenting to before they give their permission. This includes clear explanations about what data is collected, how it will be used, who it will be shared with, and the potential consequences of consenting.
For example:
👉 Informed consent is a cornerstone of many data protection laws, including the GDPR. It ensures transparency and empowers individuals to make knowledgeable decisions about their data.
When a user’s actions imply that they agree to the collection, use, or sharing of their personal data without directly agreeing to it, then we talk about implied consent, also known as indirect or passive consent.
For example:
In this case, the website must provide clear information about the data processing activities, including the types of personal data processed, the purposes for the processing, and the person’s rights in relation to their data.
👉 Note that relying exclusively on implied consent may be illegal, depending on your circumstances and which laws apply to you.
Granular consent means giving individuals control over specific aspects of data processing, rather than a blanket “yes” or “no” to everything. This allows users to consent to some uses of their data but not others.
For example:
👉 Providing granular consent options respects user preferences more precisely and enhances trust by avoiding overreaching data collection.
Opt-In consent refers to a situation in which a user actively chooses to agree to the collection, use, or sharing of their personal data.
For example,
Opt-In Consent gives individuals a clear and active choice in the use of their personal data, and is a key aspect of data privacy and is the process used under European and other data protection rules.
Under EU law (both GDPR and Cookie Law/ePrivacy), even when consent is given, people have the right to opt out and should always be informed of how they can do that.
👉 It’s important to note that opt-in consent should be obtained through clear and concise communication, so that individuals fully understand what they are agreeing to and can make an informed decision.
Opt-out consent refers to a situation in which an individual is automatically enrolled in the collection, use, or sharing of their personal data, but has the option to withdraw consent.
For example:
*Note that this type of consent is typically not allowed under most European laws, though it is allowed currently under most US data privacy laws.
Opt-out consent (also called passive consent) assumes that individuals consent to the use of their personal data unless they take action to opt out.
👉 It’s important to note that clear communication is still crucial in opt-out consent, as individuals should be fully informed of what they are consenting to and how they can opt out if they so choose.
👀 Check out this article to learn more about what means to opt-in and opt-out.
Withdrawable consent recognizes that individuals should have the ongoing right to change their mind and revoke their consent at any time, without penalty or difficulty.
For example:
👉 Data protection laws often require that it be just as easy to withdraw consent as it was to give it. Making withdrawal straightforward ensures respect for users’ autonomy and builds confidence in your privacy practices.
As already mentioned, it is essential to understand the different types of consent in order to better process personal data and protect your customers’ personal data, make sure that you are aligned with the legal requirements that apply to you.
Whether it be express, implied, opt-in, or opt-out consent, it is important to obtain clear and informed consent in all data privacy matters. The power of consent lies in giving individuals control over their personal data and enabling them to make informed decisions.
As you can read in this post, managing consent is not simple and easy, it can be quite difficult to know the right things to do.
Our solution simplifies this process by helping you to create your cookie banner with the 👉 Privacy Controls and Cookie Solution.
