Qualifio's "tacit opt-in" feature means that users are "giving consent by not declining to give consent". In other words, they are given the option to decline this consent but it is not the default option. If the user does not clearly decline consent, consent is granted.
How does it work?
When participating in one of your campaigns, users may be presented with a button and a smaller link to click if they would not like to subscribe to your newsletter. Many users fail to read everything and therefore they are more likely to provide consent.
How to create and use the tacit opt-in
The "tacit opt-in" can be placed in the Welcome screen or in the Form. In order for this feature to work, you need to
- Attach a "tacit opt-in" field to your form
- Activate the feature in the "Welcome" or the "Form" step
How GDPR affects "tacit" or "opt-out" consent
Today, the GDPR imposes conditions that need to be fulfilled in order for consent to be considered valid, one of which can be found in Article 7:
"The request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear an plain language."
Therefore, we think that some uses of the "tacit opt-in" feature are not acceptable. See the example below:
Please have your legal team review this article and appropriate regulations before using the tacit opt-in feature.