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foxayb2018-04-27 10:55:18
Law in IT
foxayb, 2018-04-27 10:55:18

Is a privacy policy required in the forms?

On the site in the footer there is a signature "By leaving your personal data, you accept the Privacy Policy" with a link to this very policy.
1. Is it obligatory to write this information also in the forms?
2. If the information must be written in the forms, is the checkbox required?

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Nikolai, 2018-04-27
@foxayb

Federal Law "On Personal Data" dated July 27, 2006 N 152-FZ
Article 9. Consent of the subject of personal data to the processing of his personal data:

1. The subject of personal data decides to provide his personal data and agrees to their processing freely, of his own free will and in his own interest. Consent to the processing of personal data must be specific, informed and conscious . Consent to the processing of personal data may be given by the subject of personal data or his representative in any form that allows confirming the fact of its receipt .
3. The obligation to provide proof of obtaining the consent of the subject of personal data to the processing of his personal data or proof of the existence of the grounds specified in clauses 2-11 of part 1 of article 6, part 2 of article 10 and part 2 of article 11 of this Federal Law rests with the operator .

In summary, a footer note doesn't allow for all of this, because it's not possible to prove that the user saw the footer.

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