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Art.7

Conditions for consent

Defines what constitutes valid consent — freely given, specific, informed, unambiguous — and that pre-ticked boxes do not count (Planet49 ruling).

Why it matters for SaaS exits

The Planet49 ruling (CJEU 2019) made pre-ticked consent boxes invalid. SaaS sites that still use 'Accept All' as default, or bury consent in terms-of-service, are operating with invalid consent — meaning every analytics/marketing cookie set is unlawful. Buyers' lawyers check this first because it's the easiest thing to litigate.

What we scan for

We check registration and signup forms for pre-checked consent checkboxes, and verify the cookie banner requires active opt-in (not pre-accepted). Sites with 'consent by default' fail this check.

Automated checks (0)

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Buyer due-diligence checklist

  • Test the signup flow: are any consent checkboxes pre-ticked?
  • Check if the cookie banner defaults to 'Accept All' or requires explicit choice.
  • Verify users can withdraw consent as easily as they gave it (Art.7(3)).

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