Is it possible to have a checkbox set by default in the field of the consent form for sending personal data?

Question

Layout

Colleagues, is it permissible for the checkbox to be clicked by default?
Or is it necessary that this checkbox be unchecked by default and the visitor must click it himself?
Or is it acceptable to simply write the text "By clicking the button you agree ..." immediately after the submit button without any check marks at all?
Has anyone really dealt with this issue with lawyers?
PS Here is an illustration of Yandex

Answer 1

Acceptable "By clicking the button you agree ...", but not ticked. At least one of my customers insisted that the checkbox be preinstalled and then had a lot of problems with it.

Answer 2

Has anyone really dealt with this issue with lawyers?

Before you sort something out with lawyers, you must understand what user data you collect and why (can it be transferred to 3rd parties or for personal processing)
For which country is the site.
If we take the GDPR, then it is more clearly written than in 152-FZ that:
Unlike 152-FZ, it is clearly stated here that there can be no default consents (there should be no pre-checked checkboxes).
Only active user action (for example, check the box before submitting data). That is, the user must himself take the action to accept this consent.

Answer 3

In Google and Yandex, this has already been discussed repeatedly and for a long time.
By default, set in advance - nothing should be.
Any actions in resources where there is a collection of personal data, especially payment ones, should be clearly understood by customers.
We have already written about FAS above. There is also the Prosecutor's Office, Roskomnadzor, etc.
If foreigners buy, especially from the EU (where the licenses of FB and its sub-products Vatsap and Insta were recently blocked in Germany, due to the secret collection of information and transfer to third parties), then this is clearly a reason for the court.
Therefore, it is necessary to prescribe this and that so that the user clearly sees about cookies, and about the privacy policy, and about collecting PD, and about guaranteeing their safety, and in general a complete set of all necessary information.