You can see opt-in and opt-out consent regimes on the map below:
The European Union’s General Data Protection Regulation, or GDPR, is a prime example of an opt-in consent regime. The GDPR requires a data subject’s consent to be freely given, specific, informed, and unambiguous. Other examples of opt-in consent regimes include Brazil, Canada, Chile, Colombia, India, Morocco, Malaysia, South Africa, South Korea, Japan, Taiwan, and the United Kingdom.
Alternatively, the United States’ California Consumer Privacy Act, or CCPA, is an excellent example of an opt-out consent regime. It does not require a data subject’s consent before data collection. However, organizations must give data subjects the option to opt out and provide all relevant information related to their personal data. The CCPA also requires organizations to obtain explicit consent before processing personal data belonging to minors.
The United States, Australia, Hong Kong, and Switzerland are opt-out consent regimes.
Fun Fact: Estonia is also an opt-out consent regime, despite being part of the European Union.
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