Do I need a check mark in the confidentiality agreement?

Question

Law in IT

I regularly see two options for agreeing to the privacy policy on different sites:
1. A checkmark and the text "By clicking you consent to the processing ..." and the "Submit" button is inactive until you click.
2. No checkmark, just text - "By clicking on the "Submit" button, you consent to the processing of personal data ..."
From a legal point of view, are both options correct? Can there be problems with the unchecked option?

Answer 1

As for me, there are more chances with problems with a checkmark. Since no one bothers to say later that I didn’t check the box because I don’t agree to provide data, but it still went when the button was pressed. And then prove that this is not a glitch of the system. But to send data without pressing a button ... this is already more difficult.

Answer 2

There is no explicit answer to this question anywhere. The general wording in various legal acts is "a citizen must give explicit consent to the processing of his personal data" (not a quote, just a general gist).
With this wording, it is better to make it impossible to send data without clicking the checkmark in consent. Then, in any dispute, you can say "look your honor, he can not send anything without ticking the box here." Naturally, a person should be able to read your policy, otherwise your business is bad. Well, keep logs of the acceptance of this data, so that you can show that over the past year / two / ten there have been no failures in the feedback form.