Under Portuguese law, specifically the LGPD (Lei Geral de Proteção de Dados), which mirrors the EU's GDPR, "OptIn" refers to the explicit, affirmative action a data subject (individual) must take to consent to their personal data being processed, particularly for purposes like marketing communications.
OptIn is a strict requirement in scenarios where processing is not mandated by law, contract, or necessary for vital interests, or where a legitimate interest has not been balanced against individual rights. For activities like subscribing to newsletters, joining loyalty programs, or receiving promotional SMS messages, obtaining valid OptIn consent is mandatory.
This consent isn't merely passive acceptance. It must be:
Explicit and Affirmative: Individuals must take a clear, positive action. This typically means actively checking an unpre-ticked box or clicking an explicit "I agree" button. Pre-ticked boxes or silence, behaviour, or inactivity portugal phone number list cannot constitute valid OptIn consent.
Freely Given: Individuals must have a genuine choice and not feel coerced into consenting. The consent request must be separate from other terms and conditions where possible.
Specific: Consent must be obtained for specific purposes. For example, consent to receive emails cannot automatically imply consent to receive SMS messages or calls.
Informed: Individuals must be clearly informed about who is collecting the data, what it will be used for, how it will be processed, who it might be shared with, and their rights regarding their data.
Unambiguous: There should be no doubt about whether consent has been given.
Organizations relying on OptIn must be able to demonstrate that this consent was obtained (a "demonstrable consent" principle). This often involves maintaining records of consent requests and responses. Failure to obtain proper OptIn consent under Portuguese law can lead to significant legal and financial consequences.