Preselected Marketing consent checkbox

  • 5 January 2023
  • 3 replies

Badge +3

Hi Klaviers,


I have a query regarding the preselected marketing consent check box. Is it legitimate according to the GDPR norms to pre-tick the marketing consent check box ?


I have gone through some articles where pre-checked box for cookies collection is illegitimate but regarding is marketing consent, want to double check with the experts here.





Best answer by Jessica eCommerce Badassery 5 January 2023, 22:53

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3 replies

Userlevel 7
Badge +58

Hi @suchi_klavier ,

Thanks for sharing with the Community.

When you create a new form, you can select Enable Data Protection Fields. This will ensure that the default template includes GDPR compliant language.

You can edit the language of this form or add additional fields using checkboxes to suit your needs. 

Any value that a subscriber selects will be stored as a $consent property on their Klaviyo profile. Consent is recorded as a list data type, and as such may contain any number of values.
Once you have your form styled to suit your needs, you can publish it on your site to ensure that, going forward, you are collecting email addresses in a GDPR compliant fashion.

Additionally, you may choose to only show this form to browsers who are located in the EU. Or, as an alternative, you may only choose to display your existing signup form to browsers who are not in the EU. You can do this by navigating to Behaviors > Targeting > By Location. Here, you can specify where to show/hide a form to browsers in specific locations. Klaviyo determines a browser's location using their IP address.



Hope that helped,


Userlevel 5
Badge +19

@suchi_klavier  Are you referring to the opt-in at checkout? 


DISCLAIMER: I’m not an expert in consent laws or GDPR

but I’m pretty sure it can’t be pre-checked because that “bundles” it with the purchase agreement. 

Even for California’s privacy rules, we had to uncheck it at my last day job because of this. And many years ago when I still worked in in-person retail in California I couldn’t ask for it until their transaction was complete so it didn’t seem like it was a required part of the transaction. 

You MIGHT be okay to pre-check it if you have double opt-in on but I don’t think so. 

Badge +3

@alex.hong This is not the answer I was looking for. It was a general template reply you posted. However, it was informative but not related to this post. 

@Jessica eCommerce Badassery Thanks.