The rule.
“the request for consent shall be presented in a manner which is clearly distinguishable from the other matters”
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.
- The request for consent is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language.
- Any part of the declaration that infringes the Regulation is not binding.
Who it applies to.
Controllers collecting consent inside a written declaration that also covers other matters — sign-up forms, terms acceptance, checkout.
Common violations in marketing copy.
I accept the Terms of Service (which include marketing consent, clause 14.3)
The consent request is buried in other matters.
I consent to processing for the purposes set out in Schedule B
Neither intelligible nor plain language for a consumer.
Non-compliant vs compliant.
“☐ I agree to the Terms, Privacy Policy and marketing communications.”
“☐ I agree to the Terms. ☐ Send me product news by email (optional).”
Related rules.
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GDPR Article 7(1) · European Union
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GDPR Article 7(3) · European Union
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GDPR Article 7(4) · European Union
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GDPR Article 4(11) · European Union
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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 7(2) |
| Primary source | https://www.legislation.gov.uk/eur/2016/679/article/7/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.