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Definition: Opt-in consent is permission a person gives by taking a clear, positive action, such as ticking an empty box, tapping a button or sending a message, before their data is used or they are contacted. Silence, pre-ticked boxes and default settings are not opt-in. India's DPDP Act, the EU's GDPR and WhatsApp's business messaging rules all build on this idea.

Key takeaways

  • The person acts to say yes; doing nothing never counts.
  • Consent should be specific to a purpose, not a blanket yes to everything.
  • Withdrawing should be as easy as agreeing.
  • India's Digital Personal Data Protection Act, 2023 says consent must be "free, specific, informed, unconditional and unambiguous with a clear affirmative action" (section 6(1)), and that withdrawing it must be comparably easy (section 6(4)).
  • The GDPR defines consent as a freely given, specific, informed and unambiguous indication of a person's wishes, by a statement or a clear affirmative action (Article 4(11)), and says it must be as easy to withdraw as to give (Article 7(3)).
  • Both tie consent to a stated purpose, so a yes to one use is not a yes to another.

Meta requires businesses on the WhatsApp Business Platform to get opt-in before messaging people. The opt-in must clearly say the person is agreeing to receive messages from the business, and name the business. Meta also suggests telling people how to opt out of categories of messages.

Opt-in vs opt-out

Opt-out means people are included by default and must act to leave, such as being added to a broadcast list without asking. Opt-in means nobody is included until they act. For personal data and business messaging, opt-in is the safer model and the one these laws describe.

Members join by sending a message themselves. Introduction requests stay off until a member turns them on, and PAUSE or STOP works at any time. For each request, the member separately allows their number to be shared, and the matched member's Accept is consent to that one introduction. See who sees what. This is general information, not legal advice.

Sources

Facts about WhatsApp and other services come from the pages listed, on the dates shown, and can change.

FAQ

Questions about opt-in consent

Not for every purpose. Joining a group shows interest in the group, not agreement to be messaged by a business or to have personal data used for something else.

Keeping a record of what someone agreed to, when and to which wording helps you show consent was given. Check the specific duties with an adviser.

Asking for a second confirmation, such as confirming an email address, or, for introductions, getting a yes from both people before sharing details.
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