Consent forms are essential for some businesses, particularly in healthcare, finance, law, and technology. Business owners and managers must select and implement the right kind of consent form. Otherwise, it may not serve its intended legal purpose.
Below, we’ve outlined everything you need to know about consent forms with tips and tricks along the way:
Consent forms, sometimes called release forms, are legal documents that serve as written permission to send or receive information among participating parties. They often inform them of associated use risks and release the provider from associated claims. Upon signing, a consent form acts as an authorization and waiver .
The purpose of a consent form is to inform clients, patients, or subjects of what information you’re obtaining, what rights they’re waiving, and other pertinent details. They ensure that the lines of communication remain open among the parties and afford people the right to be informed.
Consent takes many forms. Several factors determine the type of consent you’ll use, including the relevant industry, medium, legal situation, and more. You’ll want to review different kinds of consent available to help you make a decision.
Below, we’ve outlined the six most common consent types that you should know:
Active consent is when consumers “actively” agree to a specific statement and similar to explicit consent. For example, clicking “I agree” on a website or signing a contract are forms of active consent.
Explicit consent is when you offer customers the opportunity to authorize use, risk, or disclosure. For example, global privacy regulations require explicit consent when an organization processes a consumer’s data. These laws require clear and documented disclosure of company practices and how customers can opt out.
Implied consent is when participation automatically grants permission in some cases. For example, most states impose an implied consent law for accepting a driver’s license. The implied consent in this situation is that you’re willing to provide a breath sample to police for reasonable DWI/DUI investigations.
Informed consent is when you inform the individual of all possible outcomes and consequences of granting their permission. For informed consent to remain valid, the signatory must:
Opt-out consent is when customers can refuse or rescind permission at any time. For example, you can offer an opt-out consent form so that clients can reject cookies on your website. Consent formally occurs if the consumer continues to use it without their declining it.
Passive consent is a type of implied consent in which the consumer automatically gives their authorization unless otherwise stated. You can’t use passive consent if you’re working toward privacy regulation compliance. However, you could use passive consent clauses if use doesn’t significantly affect the customer.
Meet some lawyers on our platformConsent forms can be complicated or straightforward, depending upon the situation. However, they generally contain some form of acknowledgment, authorization, and release of claims. Since you’re often asking customers to waive their rights in specific situations, it’s essential that you speak with an attorney to ensure that their civil rights remain intact.
Here are the six elements that are included in a consent form:
A consent form doesn’t release you from acts of gross negligence. There are still benchmarks and standards to uphold. Consent forms only protect you from reasonable risks, or your liability insurance company may not cover you otherwise.
Many legal situations require the use of a consent form. In the abstract sense, it’s challenging to understand how they work, especially if this is the first time that you’re drafting one.
In this section, we’ve offered three examples of consent forms in a hypothetical situation:
The example below shows how governments utilize consent forms:
Image via Pexels by Ksenia
The example below involves an online store that sells to consumers in locations with consumer privacy laws:
The example below involves a healthcare tech company:
Businesses use consent forms. They use them to authorize the permission of a specific action. Some industries, such as healthcare, tech, and finance, require companies to collect consent through consent forms at certain times.
If you need to create a consent form for your business, hire contract lawyers. They have an in-depth knowledge of the law and can apply it to your unique situation. A legal professional ensures that you walk away with the perfect consent form from the first draft to the contract signing.
Post a project in ContractsCounsel’s marketplace to receive flat fee bids from vetted lawyers. All lawyers are peer reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
