The CJEU has delivered another judgment to remind us that pre-ticked boxes do not constitute valid consent under the GDPR.
To be valid, consent must be freely given, specific, informed and an unambiguous indication of an individual's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her [emphasis obviously added].
It couldn't be much clearer, pre-ticked boxes are not an affirmative action!
See our blog post below for more insights into this case.