Qualifio's "opt-out consent" feature means that users are "giving consent by not declining to give consent". In other words, they are given the option to decline this consent but it is not the default option.
We've changed the naming of the "tacit opt-in" feature to more clearly indicate its function. In September 2019, tacit opt-ins became opt-out consents. We felt this was an important change to make to reflect what this feature does, especially in the post-GDPR era.
How does it work?
When participating in one of your campaigns, users may be presented with a button and a smaller link to click if they would like to participate without subscribing to your newsletter.
For you, this means that an opt-out consent can be shown in the Welcome screen or Form of any campaign. By clicking the button to "Participate" or "Send" the form, the participant accepts to receive future communications from you. See the example below:
But many users fail to read everything and therefore they are more likely to opt in...
How to create and use the opt-out consent
The opt-out consent can be placed in the Welcome screen or in the Form. In order for this feature to work, you need to
- Attach an "opt-out consent" field to your form, and
- Enable the feature in the "Welcome" or the "Form" step of your campaign.
How the GDPR affects tacit or "opt-out" consent
Today, the GDPR imposes conditions that need to be fulfilled in order for consent to be considered valid, one of which can be found in Article 7:
"The request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language."
Therefore, we think that some uses of the "opt-out consent" are not acceptable. Our recommendation is to transform the alternative link into a second button, so that both options are given the same weight. See the example below:
This can be done with custom CSS. In thus example, we used the following code, which you will have to adapt based on the look and feel you want to give your button:
padding: 10px 30px;
border: 2px solid #0abce5;
Please have your legal team review this article and appropriate regulations before using the opt-out consent feature.