HighChecked on every planEU · CA · UK
Pre-ticked marketing opt-in
Is a pre-checked newsletter or marketing checkbox legal?
Not for marketing consent. Consent needs an active choice, and the EU’s top court ruled a pre-ticked box isn’t one. Leave marketing checkboxes unticked and let people opt in.
Why it matters
Marketing consent must be an active choice. Pre-ticked opt-ins are invalid under GDPR and Canada’s CASL, and erode trust in your list.
How to fix it
- Leave marketing checkboxes unticked by default.
- Word them clearly: “Email me product news and offers”.
- Record when and how each person opted in.
Steps for OneTrust
- In Geolocation Rules, set the EU rule to the Opt-in model.
- Check each non-essential category starts as Inactive in the preview.
- Republish the script.
Steps for Cookiebot
- Open the Dialog tab and the “Multilevel” type.
- Under Additional settings, check no box is ticked except Necessary.
- Set the consent method to “Explicit consent”.
Steps for Usercentrics
- Open the banner preview and go to the second layer.
- No toggle should be on except Essential.
- Switch any other on-by-default service off in its settings.
Steps for Didomi
- Edit your notice and open the preferences view.
- Every purpose should start off.
- Turn off any purpose that is on before the visitor chooses.
Steps for CookieYes
- Open Cookie Manager, then Cookie Category.
- Check that only Necessary is on by default.
- Under General, set Consent Template to GDPR for EU visitors.
The law behind this rule
EUCJEU Planet49 (C-673/17): pre-ticked boxes are not consentEUGDPR Art. 4(11), 6 & 7: valid consent
CACASL: express consent for marketing email
UKUK GDPR & PECR Reg. 6A plain summary, not legal advice.