Four words decide whether consent is consent.

GDPR Article 4(11) defines consent: freely given, specific, informed and unambiguous, by a statement or clear affirmative action. What fails in signup forms.

European Union GDPR GDPR Article 4(11)

The rule.

Regulation (EU) 2016/679 (General Data Protection Regulation) · GDPR Article 4(11)

“any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement”

Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.

What it requires.

  • Freely given (a real choice), specific (per purpose), informed (the person knows who and what), unambiguous (no doubt it was given).
  • Given by a statement or a clear affirmative action. Silence, inactivity and pre-ticked boxes are not an action.

Who it applies to.

Any controller relying on consent — for marketing emails, tracking, profiling or data sharing — with people in the EU.

Common violations in marketing copy.

Violation pattern · pre-ticked box

☑ Send me news and offers

A box the person did not tick is not a clear affirmative action.

Violation pattern · blanket purpose

I agree to the processing of my data for marketing and other purposes.

Not specific: one tick for undefined purposes.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“By creating an account you agree to receive marketing.”

Compliant · example written by NorthPoint

“☐ Email me product news and offers from [Company]. You can unsubscribe at any time.”

Related rules.

Source.

InstrumentRegulation (EU) 2016/679 (General Data Protection Regulation)
ProvisionGDPR Article 4(11)
Primary sourcehttps://www.legislation.gov.uk/eur/2016/679/article/4/adopted
Official texthttps://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
Read fromlegislation.gov.uk's as-adopted copy of the Official Journal text (/eur/2016/679/article/N/adopted)
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

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