📌 Scenario Summary:
You explicitly gave opt-in on an NGO's newsletter subscription form (e.g., you checked a box).
Approximately one week later, while filling out the same NGO's donation form, you did not check the communication consent box (i.e., you did not opt-in).
Now the question is: Does this passive behavior in the second form (not opting-in) invalidate the consent you previously gave?
✅ Assessment Under GDPR and ePrivacy:
🔹 1. Principle of Consent – GDPR Article 4(11) and 7
According to GDPR, for a consent to be valid, it must be:
Given freely,
Explicitly given,
For a specific purpose,
Informed, and
Given through an active action (opt-in).
🔹 2. Withdrawal of Consent – GDPR Article 7(3)
Unless a person explicitly withdraws their previously given consent, that consent remains valid.
🔸 Not checking the opt-in box during a donation is not, technically and legally, a withdrawal action.
🔸 This merely means not giving new consent in a new context. Thus, it is neutral (NULL).
🧩 Conclusion:
❗ No, not checking the opt-in box on the donation form does not invalidate the consent you gave for the previous newsletter subscription.
Your previously given consent is still valid.
Not opting-in on the donation form simply means not giving new communication consent within the context of that specific form.
Unless an explicit "opt-out" or "unsubscribe" action is taken, the previous consent is maintained.