FAQ Legal & Privacy Is implicit Consent allowed by GDPR?

Legal & Privacy

Is implicit Consent allowed by GDPR?

Before the DSGVO came into force, the processing of personal data was possible by implicit consent. Users were usually informed that they agreed to data processing by continuing to use a service or website. Such "fictitious" consent now does not constitute an effective legal basis in the sense of Art. 6 I 1 a DSGVO, since it must take the form of a clear confirmatory act, Art. 4 No. 11 DSGVO. At the latest with the judgement of 01.10.19 (Az. C-673/17) it becomes clear that even an "opt-in" is unavoidable.

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