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Consent with pre-ticked boxes

Scan rule · RSC-PRV-015

  • Privacy (GDPR)
  • Severity: Medium

Finds already ticked checkboxes inside the consent interface.

Why this matters

In “Planet49” (C-673/17, judgment of 1 October 2019) the CJEU held that a pre-ticked box does not constitute valid consent: agreement requires an active choice. Relying on it means processing without a legal basis.

Deliberately narrow: only visible, non-disabled boxes within the consent interface. Disabled boxes are typically the strictly necessary categories that need not be deselectable — they do not trigger a finding. Neither does a checkbox in a checkout form.

If the interface cannot be assessed (banner inside an iframe), the scan says nothing rather than guessing.

Scan tier

  • Browser runtime

How to fix it

Leave every box unticked except the strictly necessary ones.

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