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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

Determine your requirements

For the most part, you can create any kind of field that Joomla offers. Consent will generally have 2 or maybe a few options (including the option to decline). An example of a multiple option consent might be newsletter frequency. You might offer your user Annual, Monthly, Weekly, or No Newsletter. It's up to you to comply with these values using whatever software or method you're using to send the newsletters. These fields hold data - how you act upon that data is up to you.

Creating the field

For purposes of this document, we will assume you have a consent requirement that is a simple yes/no field.

You could use a radio or a list field type. They both work the same for this purpose. If you have more than 2 or 3 options, you probably want to go with a list.

Field Permissions

Remember to change permissions so users are able to edit the field. You can skip this step if you completed it for the field group that this field is a part of.

Un-Require Fields

Don't forget to Un-Require the field so your admins can edit users without being forced to consent. Using the System - Required Fields plugin, you can require that existing users fill in answers to your required fields. If you haven't set that plugin up yet, take a look at the System - Required Fields implementation guide.

The "Un-Require" setting here is used to remove the requirement for administrators, so they can edit a user without being required to consent to anything on behalf of a user.