Consent on Online Forms
Following the passing of the DUAA (Data Use and Access Act 2025) that will allow those of us in the UK to make use of the new soft opt-in rule for charities, we are reviewing how this could best be managed using RE. In particular, I'm trying to see how this would work on our integrated RE forms used for event registrations and donations.
At the moment, we have each of the 4 communication channels listed - email, mail, phone and SMS - with a yes or no option against each for whether they'd like to hear from us. Ideally, we want to be able to tell people we will opt them in unless they tick/choose no to opt out for each channel. We would need the form to add positive consent by the absence of information.
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Jenna Dick
- Aug 5 2025
- Reviewed: Voting Open
Related ideas
Blackbaud case support team showed me a work around using consent options and solicit code mapping (if no response - assign opt-in). At first this looked possible however after a discussion with our DPO - This would gives a perceived illusion of choice. But if the user bypasses the question leaving it blank we are (behind the scenes) making the choice for them (in the solicit code mapping). This would fail the first 3 principles of gdpr - it is arguably not lawful, it is not fair nor is it transparent.
The yes would either need to be pre-ticked/ pre selected or just a single opt-out option only. (if you would like to opt-out please tick here (not the yes or not option).
The consent mapping set up at the moment works for consent because legislation states consent has to be unambiguous. Meaning that, if the question is left unanswered. the resulting ambiguity dictates a in no.
With soft opt-in, we can't assume yes but have to either state yes unless said otherwise or have have yes pre ticked (which is also stating yes unless said otherwise) - both of which eliminate ambiguity. bother are fair, transparent and lawful.
I hope this helps.
Another solution to this would be to be able to set the form so the 'Yes' button is pre-ticked. meaning donors have to actively "object" by clicking no?
I would prefer a 3rd option for soft consent, rather than soft opt-in being bundled with hard Opt-in, so we can differentiate.