Einwilligungszeitpunkt

Einwilligungszeitpunkt refers to the specific moment in time when consent is given. This is a crucial concept in many legal and ethical contexts, particularly concerning data protection and medical procedures. In data protection law, such as under the GDPR, consent must be freely given, specific, informed, and unambiguous. The consent must be given at the point when the individual is making a clear affirmative action, such as ticking a box or clicking a button. The timing of consent is important to ensure that it is truly informed and not coerced. For example, if consent is sought after data has already been collected or processed, it may not be valid.

In medical contexts, the einwilligungszeitpunkt is also vital. Patients must understand the nature, purpose, risks, and benefits of a proposed treatment or procedure before they can give valid consent. This understanding must be established *before* the medical intervention begins. If a patient consents without full comprehension, or if the consent is obtained too late in the process, it may be considered invalid. The einwilligungszeitpunkt establishes the point at which the individual had the necessary information and mental capacity to make a deliberate decision. This temporal aspect ensures that consent is a meaningful act of agreement rather than a passive acceptance.