The digital age has transformed various aspects of our lives, including how we provide and obtain consent for medical treatments and data privacy. In this blog post, we will explore digital or electronic consent forms, the types of consent, and the key elements of valid consent in the context of the United Kingdom (UK), focusing on GDPR.
Can consent be given electronically?
Yes, electronic or digital consent is a legally valid method for obtaining consent as long as it meets the necessary requirements and guidelines, such as those outlined by the GDPR. E-consent has become increasingly popular as organisations and healthcare providers transition to digital systems.
How do I create an electronic consent form?
To create an electronic consent form, choose a reliable e-consent platform or software like Faces Consent that clearly outline the form’s purpose and the information it collects, including all necessary sections (treatment details, risks, benefits, alternatives, costs, and signature fields), and ensure compliance with the GDPR and relevant privacy regulations.
What are the 4 types of consent forms?
The four main categories of consent forms are:
Informed consent: Obtained after providing patients with detailed information about a procedure or treatment, including its risks, benefits, and alternatives.
Implied consent: Assumed through a patient’s actions, such as presenting their arm for a blood test.
Express consent: Explicitly given, either orally or in writing, for a specific procedure or treatment.
Blanket consent: General consent that covers a range of treatments or procedures, usually not recommended due to lack of specificity.
In the UK, valid consent necessitates the following components:
The person must possess the ability to make the decision.
Consent should be granted willingly, free from coercion or unwarranted pressure.
Adequate information must be supplied to enable the individual to make an informed choice.
Consent should pertain specifically to the circumstance or procedure.
What are the 4 elements of valid consent?
The four elements of valid consent are:
Capacity: The individual must have the ability to make the decision.
Voluntariness: The consent must be given voluntarily, without coercion or undue influence.
Information: Sufficient information must be provided for the individual to make an informed decision.
Specificity: The consent must be specific to the situation or treatment.
Conclusion
As we continue to embrace digital solutions, it’s essential to understand electronic consent forms, their legal implications, and how they align with GDPR requirements. By staying informed and compliant, organisations and healthcare providers can navigate the digital landscape with confidence.