In clause 1 (a) of Article 3, Section 3, Definitions, express consent is defined as consent with respect to a particular subject, based on information and expressed by free will. Within the framework of this definition contained in the Law, in explicit statements of consent to be obtained by data controllers from interested persons, opt-out, i.e., a system that allows individuals to withdraw this consent afterwards by accepting that they automatically consent to the processing of their personal data without the prior consent of the individual; not a system that allows individuals to withdraw this consent afterwards by opt-in, i.e. by the conscious action of the individual, give prior consent to the processing of their personal data by means of an opt-in, i.e. It is necessary to use a system in which it is to be used.
The basic principles of obtaining explicit consent in accordance with the law
Since explicit consent is a strictly binding right to the person, the consent given must be revocable. The user has also determined his relationship with the data controller by giving explicit consent and not giving it. The data controller is obliged to act immediately after the user has withdrawn his consent. Therefore, just having entered the website does not create a suitable basis for the processing of data.
Since obtaining consent too often can lead to “consent fatigue” and undermine the free will of individuals, it has been considered appropriate that explicit consents on sites are periodically reminded not at each user's login.
The purpose of the use of the data to be used and how long the data used will be stored must be clearly indicated to the user. Explicit consent should not be imposed as a prerequisite for what the person will enter into or perform a contract in this way an application violates the legality of the consent and the express consent given is invalid.
The application examples of the KVKK Cookie Guide Draft published in the past months are clearly on cookie consent platforms “accept” “reject” and “edit” The presence of buttons is supposed to be a good example. For this reason, it is also important that after the user login of the consent management platform, it is also important that the consent can be withdrawn at any time on the pages as a pop-up or banner.
Efilli is very important in terms of protecting your personal data. With our consent management platform, you can legally revoke the permissions of which cookies you allow on the websites you visit, based on your own choice, or for cookies to which you give explicit consent.
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