What is an “affirmative action” in opt-in?

An affirmative action in the context of opt-in consent refers to a deliberate, unambiguous act by which a person indicates their agreement to receive marketing communications. This means the subscriber must actively do something to signal consent-checking an unchecked box, clicking a subscribe button, typing their email and submitting a form, or responding affirmatively to a verbal request. The key principle is that consent cannot be inferred from inaction, silence, or pre-selected options. The individual must make a clear choice to opt in, not merely fail to opt out.

The requirement for affirmative action is explicitly stated in GDPR, which specifies that consent must involve a "clear affirmative act" and cannot be obtained through silence, pre-ticked boxes, or inactivity. This standard has influenced consent practices globally, even in jurisdictions without identical legal requirements. Pre-checked subscription boxes that users must uncheck to decline, bundled consent where agreeing to one thing automatically subscribes you to marketing, and any mechanism where the default is "opted in" all fail the affirmative action test under GDPR and similar modern privacy frameworks.

For email marketers, ensuring affirmative action means designing signup experiences where the subscriber must deliberately choose to join. Signup forms should require active submission, checkboxes for marketing consent should start unchecked, and consent should be separate from other required actions like account creation or purchase completion. The subscription should never happen unless the user explicitly made it happen. If someone ended up on your list without actively choosing to be there, you don't have valid affirmative consent. You uhave a compliance liability waiting to surface.