What is active consent?
Active consent is the specific step users take to expressly state that they agree (give consent) to something. For example, users check a box saying they agree with the terms and conditions before purchasing an item on an ecommerce store. Another example of active consent is when users check a box saying that they agree to sign up for marketing emails and promotional offers.
Here's an example of active consent — when trying to create an account, users are required to check a box stating that they agree to the privacy policy and terms and conditions. Without it, the option is denied.
Active consent can be viewed as a legal requirement as it prevents disputes. By checking a box, a user is clearly stating that they agree with the organization's terms. As such, they cannot revert back after a few months stating that they were unaware of specific clauses and want their money back.
Hence, active consent can be viewed as a necessary step toward accepting terms and conditions.