According to the GDPR, if you're capturing EU citizens' personal data you need a legal basis for doing so.
The GDPR outlines six lawful bases that you can use. For lead generation, the most common legal basis for capturing personal data is to obtain consent. While most form builders do this with a tiny and hard-to-click checkbox at the end of the form requesting consent, this can create a poor user experience and negatively impact your form's conversion rate.
In this article, we explore some of the ways that Leadformly can help you meet your legal requirement to capture consent, in a way that doesn't back-peddle on your lead generation efforts.
Option 1: The image select approach (recommended)
Image select questions are one of the most engaging question types you can use in your LeadForms thanks to their ease of use.
You can create a consent request question using image select questions in exactly the same way as you would create a normal image select question. At the end of your form (just above the CTA), add an image select question in the form builder where the question is a clear and specific request for their consent to send them marketing emails (or whatever you plan to do with their personal data).
Here's an example:
You'll notice that we've turned 'Require answer' on so that all leads must answer this question before submitting the LeadForm. They can answer no to receiving marketing emails if they want, but they cannot skip this question.
This means that every lead will now have a question and answer for whether they are happy to receive weekly marketing emails, and you can use this yes/no answer in your email marketing or CRM software to determine whether or not they should receive your marketing emails. It also means that you have a documented and timestamped audit trail of when this lead agreed to receive your marketing emails.
Here's what this LeadForm's final step might look like for an IT security company:
Option 2: The toggle approach
While the image select approach looks great if you have just one consent request question, it becomes quite overwhelming if you need to ask numerous legal/compliance questions.
If you need to ask more than one compliance question, such as age verification and agreement of terms and conditions, our recommended approach is to use toggle questions. Here's an example:
In this example, we used the 'true or false' toggle style, which you can select from the customiser's sidebar. There are ten different toggle styles that you can try out to see which one best fits the style of your LeadForm.
Important: You must set opt-out by default
It's important to remember that toggle questions have a default answer. For GDPR compliance, it's important that the default answer is an opt-out (not receiving marketing emails) rather than an opt-in.
Option 3: The checkbox approach
For those that like to keep things simple, you can still use the standard checkbox approach by turning on 'Display terms and conditions' on the call to action in the form builder as shown below.
By checking 'Make required field', you can make agreeing to these terms and conditions mandatory so that the LeadForm cannot be submitted without acceptance of your terms and conditions.
Here is an example of how the terms and conditions will appear on your LeadForm. You can customise the appearance of these terms and conditions from the customiser.
Can my terms and conditions/consent request be ticked by default?
No. We have removed the option to have these agreed to by default, as the GDPR does not allow for consent and agreement of terms to be implied or opted into by default.