Consent

    When a user fills a form on our website or app, can we automatically use that data for marketing campaigns?

    Short Answer

    No, form submission does not automatically grant marketing permission. Separate, explicit consent is required for marketing use.

    Answer

    No, form submission does not automatically grant marketing permission. You must take explicit and purpose-specific consent for marketing communication.

    In practice, this means having a separate opt-in checkbox for marketing that is not pre-selected. Without this, marketing usage becomes non-compliant.

    Law Reference

    Section 2(b) – Definition of Consent

    "Consent means any freely given, specific, informed and unambiguous indication…"

    Business Impact

    Businesses must redesign forms to include separate opt-in checkboxes for marketing. Pre-checked boxes or bundled consent are non-compliant and can attract penalties.

    Real-World Example

    A D2C brand collecting email via a checkout form cannot add the user to marketing lists without a separate, unchecked opt-in for promotional emails.

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