EU e-Privacy Directive / General Data Protection Regulation

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Citation 42 of the GDPR indicates that consent must be freely given. The TOS plugin forces users to consent, but that is intended for critical functionality. On this site, it acknowledges that a user agrees to terms, understands the privacy policy, and consents to receiving emails critical to operation of the site (standard Joomla communication, not newsletters or spam)

For all other consent, the user must have an option to decline. This document will help you to create such a field and configure it to be required using the System - Required Fields plugin