What Is the Difference Between Opt-in and Opt-Out Consent?

Opt-in consent means obtaining explicit consent from the user before collecting or processing their data. It requires clear affirmative action from the user to obtain their consent to process their personal data.

The EU’s GDPR requires opt-in consent for processing the personal data of EU citizens. This means businesses cannot automatically process the personal data of EU citizens until they provide explicit consent. 

Opt-out consent assumes users’ consent by default unless they actively withdraw or reject it with affirmative action. In this consent mechanism, users’ data will be collected or processed automatically. They have the option to withdraw their consent, but until they do so, businesses can continue processing their personal data. 

California’s data protection law, CCPA, requires an opt-out consent mechanism for businesses processing California consumers’ personal data. Businesses must provide a link labeled “Do not sell my personal information,” giving consumers the option to withdraw their consent.