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I am having an Android app which uses certain Analytics services such as Google Analytics, Firebase etc. These services collect certain information from the user.

For this reason I have drafted a Privacy Policy for my Android app. Now whenever the app starts I am asking the users consent(only once) using a tick box which IS NOT PRECHECKED.

Now I am having certain questions -

1) Can I use an pre checked tick box under GDPR?

2) Since GDPR also requires the data collector to ensure that the user is not under the age of 13 so I am planning to ask the users age only for that region i.e. EU Region. Now will simply mentioning that "By continuing you acknowledge that you are above 13 years" will work or will I have to ask the users age?

3) The GDPR requires the data collector to have a proof of the users consent. Now what kind of proof will be required for my App? I am ensuring that the user cannot move forward without providing the consent(only once) is that sufficient as a proof or is any other proof required?

Any answer would be really helpful.

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  • Can the user use your application without giving consent for analytics?
    – CodesInChaos
    Commented May 5, 2018 at 17:25
  • @CodesInChaos Thanks. No he cannot use the app without giving the consent, he has to give the consent for all the services at least once when the app is started for the first time. But he can withdraw the consent afterwards by going to the settings and then withdraw consent for different services individually. But then that particular service will not be used for that user whose consent has been withdrawn by the user.
    – Rajesh K
    Commented May 5, 2018 at 17:43

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"1) Can I use an pre checked tick box under GDPR?"

Nope.

"Silence, pre-ticked boxes or inactivity should not therefore constitute consent." (Recital 32)

"2) Since GDPR also requires the data collector to ensure that the user is not under the age of 13 so I am planning to ask the users age only for that region i.e. EU Region. Now will simply mentioning that "By continuing you acknowledge that you are above 13 years" will work or will I have to ask the users age?"

You have to require some affirmative action. Implicit consent (just continuing) is not acceptable (ibid.)

"3) The GDPR requires the data collector to have a proof of the users consent. Now what kind of proof will be required for my App? I am ensuring that the user cannot move forward without providing the consent (only once) is that sufficient as a proof or is any other proof required?"

If you are collecting data about the user, you should record the time and date consent was given as part of the user profile.

If you are not collecting data about the user (this is only done by third party services such as Google analytics etc.) and there are no user profile, then preventing the user from using the app will have to do. The GDPR also requires data-minimization, and creating a user profile to record consent when no user profile is otherwise required will violate data-minimization-principles.

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  • Thank You very much for the answer. Just a few question 1) If the user is required to press the "Accept" button to continue(Whithout which he cannot use the app), even then do I need to have a checkbox? 2) If I mention that by pressing the Agree button you acknowledge that you are above the age of 16, will that be fine or will I still need the user to input its age? Please help.
    – Rajesh K
    Commented May 13, 2018 at 10:22
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    1) The gist of Recital 32 is that the user has to perform some positive action. AFAIK, there are now formal requirements beyond that, so pressing "Accept" will be as good as ticking a box. 2) I not 100 % sure. I think that the solution you suggest will be OK (confirming one's age as being above 16 does not imply consent). However, it may be worth asking a separate question about this.
    – Free Radical
    Commented May 13, 2018 at 11:02
  • Thank You very much for the answers. Your answers and their explanation are really clear and helpful. Will surely ask a new Question about the age. Thank You once again.
    – Rajesh K
    Commented May 13, 2018 at 11:56
  • Pressing the "Accept" button to continue is not sufficient for consent as specified in 6.1a, if you cannot use the app without pressing "Accept". Consent has to be given freely. However if you use the "Accept" button just to confirm the user is over 16, that is fine.
    – wimh
    Commented May 22, 2018 at 16:24

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