sec_5_7__para__8
COMMISSION NOTICE Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights · European Union
‘Express’ consent and acknowledgement for the purposes of point (m) of the first paragraph of Article 16 should be interpreted by analogy to the rules on express consent provided in Article 22 on additional payments for additional services. This means the consumer has to take positive action, such as ticking a box on the trader’s website. Expression of consent and acknowledgment by means of a pre-ticked box or accepting the general terms and conditions would not satisfy the requirements of point (m) of the first paragraph of Article 16.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.