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Originally Posted On: https://e-formbuilder.com/articles/understanding-consent-forms.php

Education and healthcare are two industries that deal with consent requirements in their daily operations. However, these are certainly not the only types of businesses that use them. Financial services and real estate professionals use them as well. Nonprofits often require signed consent forms to protect participants and organizations. Manufacturing companies use signed forms for activities like product testing. And in our modern age, every company that uses social media to publish videos or pictures also uses consent forms, whether they realize it or not.

The general definition of ‘consent’ is granting permission for something to occur or agreeing to do something. However, consent has specific meanings depending on its use and can look very different in  law versus medicine or education. Understanding what consent means, regardless of the situation, can help any business use the term correctly to protect the rights of all parties involved in any business operation.

Consent can be implied or informed. Informed consent includes detailed information regarding both parties’ actions, while implied consent does not. Consent establishes a relationship between parties to an agreed-upon action, whether implied or informed. The precise wording used in any consent form would depend on the circumstances of its use.

Informed consent is a requirement in medical treatment and scientific research. This consent form should educate a patient or participant on the benefits, risks, and alternatives to a proposed treatment course, trial, or medical intervention. In the United States, each state sets its informed consent standards, which typically revolve around what an average person in their state would need to know to make an informed decision. Informed consent can also apply when an individual needs to understand the benefits, risks, and alternatives associated with taking a proposed action, such as investing.

Implied consent establishes an agreement between parties inferred from signs, actions, silence, or inaction. For example, residing within a particular legal jurisdiction implies consent to abide by the laws of that city, state, or country. Residents do not actually sign a form or make a statement agreeing to comply with the law, but they still must follow them. Failure to comply with the law can result in punishment, fines, or incarceration. When people access and use a website, they imply their consent for that website to collect data from them.

Explicit consent requires a positive indication that an individual agrees to a proposed action. A typical example is the opt-in/opt-out option businesses provide when sending text messages. Consent may be required when authorizing automated decision-making or transferring data internationally. Explicit consent contrasts with how some organizations use implied consent for data collection.

Consent forms protect all parties involved in a course of action. Whether deciding on a course of treatment or allowing a mobile data collection platform to access your information, a signed form documents that all parties agree to the terms and conditions of the proposed actions.

Laws define what consent means in different situations. In healthcare, informed consent is a legal and ethical requirement. Hospitals must have an informed consent process in place to be accredited. The real estate industry requires legal consent to confirm that all parties understand the risks and benefits of buying or selling property.

First documented in 1947 in the Nuremberg Code, ethical medical care and research principles became central to the healthcare industry. The medical code of ethics stipulates that patients have autonomy to make decisions regarding their care and retain fundamental human rights. Medical professionals must inform patients of the risks and benefits of the proposed treatment or research. The proposed actions must cause no harm to the patient. Interestingly, these principles apply in any situation where consent is needed.

Consent forms act as agreements between parties. They stipulate the proposed terms and conditions of a transaction, medical procedure, or website use. Individuals must be protected against negligence and misleading business practices, while organizations receive protection from frivolous or unjustified claims.

Transparency is the best way to achieve consent. Using plain language rather than legal or industry-specific jargon goes a long way toward building trust and creating transparency. Other practices include:

• Stipulating the involved parties by legal name.
• Identifying the proposal, whether a real estate sale, stock purchase, or medical procedure.
• Specifying what actions will be taken, including the risks and benefits of each option.
• Explain how individuals can withdraw or revoke their consent.
• Include verification that the consent is voluntary.

Creating an acceptable consent form can be challenging, even in uncomplicated and transparent scenarios.

Developing a form that uses plain language appropriate to the intended audience can be tricky as legal requirements change and industry standards evolve. Balancing the amount of information you’re providing with a reasonable reading length may be impossible, depending on the complexity.

Consent forms are essential to doing business. Financial transactions require authorization or consent. Product testing and marketing require participants to agree to terms and conditions. Accuracy and transparency play crucial roles in developing consent forms.

Creating the best possible consent forms takes time unless the process is automated. eFormBuilder is a no-code, drag-and-drop, industry-leading form builder that allows nontechnical staff to build the forms they need quickly and securely. Our cloud-based software enables users to sign forms online and to embed videos or graphics to improve transparency. Why not use our free trial to see how eFormBuilder can work for you?