The rule.
“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.
☑ Send me news and offers
A box the person did not tick is not a clear affirmative action.
I agree to the processing of my data for marketing and other purposes.
Not specific: one tick for undefined purposes.
Non-compliant vs compliant.
“By creating an account you agree to receive marketing.”
“☐ Email me product news and offers from [Company]. You can unsubscribe at any time.”
Related rules.
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GDPR Article 6(1)(a) · European Union
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GDPR Article 7(2) · European Union
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GDPR Article 7(4) · European Union
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GDPR Article 8(1) · European Union
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ePrivacy Directive Article 13(1) · European Union
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ePrivacy Directive Article 5(3) · European Union
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EU and UK side by side.
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NorthPoint’s long-form page.
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GDPR (Regulation (EU) 2016/679) and the ePrivacy Directive 2002/58/EC.
Source.
| Instrument | Regulation (EU) 2016/679 (General Data Protection Regulation) |
|---|---|
| Provision | GDPR Article 4(11) |
| Primary source | https://www.legislation.gov.uk/eur/2016/679/article/4/adopted |
| Official text | https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng |
| Read from | legislation.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.