Active Consent

Definition & Meaning:

Active consent is a legal term referring to a clear, affirmative action by a person indicating their agreement to a particular process, policy, or terms. It requires an individual to perform an explicit action to demonstrate their consent, such as ticking a checkbox, signing a document, or verbally confirming their agreement.

Unlike passive consent, where agreement is assumed unless explicitly denied, active consent ensures that the individual is fully aware of and agrees to the terms presented to them.

For example, when you visit a website that uses cookies to collect personal data, you might be presented with a pop-up window asking you to tick a box to agree to the use of cookies. By ticking the box, you are giving your active consent to the website’s cookie policy.

This is in contrast to a website that assumes your consent if you continue using the site without explicitly opting in or out, which would not meet the criteria for active consent.

Active consent is especially important in contexts where legal compliance is essential, such as in the collection of personal data under regulations like the GDPR (General Data Protection Regulation) in the European Union.

Under such regulations, organizations are required to obtain active consent from individuals before processing their personal data, ensuring that the consent is informed, specific, and freely given.