The pre-ticked box
A gym sign-up form has a box: "Yes, send me offers by email and text." It is already ticked. Most people do not notice. Two thousand people are now on the offers list.
Did they agree? The law says no. Silence is not a yes.
Key words
| Word | What it means |
|---|---|
| Personal data | Information about a living person who can be identified. |
| Consent | A person's clear agreement to let you use their data for a stated reason. |
| Marketing | Messages that promote a product, a service or an offer. |
| PECR | The Privacy and Electronic Communications Regulations 2003. They cover marketing by email, text and phone. |
| UK GDPR | The main UK law on personal data. |
| Opt in | To say yes by choosing to take part. |
| Opt out | To say no and stop messages. |
| Affirmative action | A clear act that shows agreement, such as ticking an empty box. |
The cells students fill in are left blank in this preview.
By the end of this lesson
Note
I can say which data needs consent, name the five tests for valid marketing consent, and spot a form that fails them.
Starter: last lesson
Have a go
Starter: last lesson
3 questionsYour answers are marked here and are not kept. A college account keeps every student’s marks.
When consent is needed
Personal data is the kind that often needs consent. Think of names, emails, phone numbers, photos and anything that points to one person.
Consent is one of the lawful bases. For marketing by email or text, the PECR rules usually ask for consent as well.
The five tests for consent
| Test | What it means | A form that fails it |
|---|---|---|
| Not assumed | Never take a yes from silence or a ready-made tick | A pre-ticked box |
| Freely given | The person has a real choice and no pressure | "Tick to use the gym" with offers bundled in |
| Specific | One choice for one purpose | One tick for email, text and sharing |
| Informed | The person knows who, what and why | No mention of what the offers are |
| Unambiguous | A clear act shows the agreement | Doing nothing |
The cells students fill in are left blank in this preview.
Check: the tests
Have a go
Check: the tests
4 questionsYour answers are marked here and are not kept. A college account keeps every student’s marks.