Can I use pre-checked tick boxes to gain express consent?
In ACMA’s view an individual providing their information on a screen with a pre-checked tick box does not constitute consent. However as previously described a clear an unambiguous conditional statement such as “To subscribe to our e-newsletter and receive information on our products and services by email provide your email address/mobile telephone number here ….” should be sufficient to obtain consent. Responding to a customer enquiry: do I have consent? If you are replying to a customer enquiry, you have that person’s consent to send them a commercial electronic message related to their enquiry. You may also include extra information (such as price lists and a link to your website) if the customer could reasonably expect to receive such information as a result of their enquiry. Every commercial electronic message must contain an unsubscribe facility, even if it is a one-off communication in response to an enquiry. It may be easier to make the unsubscribe facility part of your corpora