Informed consent in psychology protects patient and professional. It's not a formality: it's the legal and ethical basis for any psychological intervention in Spain.
Legal frame: Patient Autonomy Act and GDPR
- Law 41/2002 of Patient Autonomy.
- GDPR + LOPDGDD: health = special category.
- Code of Ethics of your College.
Consent must be free, specific, informed and unambiguous.
What informed consent must contain
- Psychologist identity + license number.
- Service description and approach.
- Benefits and risks.
- Confidentiality and exceptions.
- GDPR data processing.
- Fees and cancellation policy.
- Right to revoke.
- Patient and professional signatures.
Informed consent for minors
- Under 12: parents sign.
- 12-16: information understandable to the minor.
- 16+: can consent themselves.
- Shared custody: both parents must sign.
Online-therapy consent
- Platform used and security guarantees.
- Digital risks.
- Visual and verbal patient identification.
- Emergency procedure.
Electronic signature
Advanced electronic signature is valid for psychology consents: identity, integrity, timestamp and secure storage minimum 5 years.
Indicative consent template
"I, [name], holder of ID [xxx], in full use of my faculties, have been informed of:
1. That my psychologist is [Name] (license [#]).
2. That the service consists of psychological intervention from [approach].
3. That data will be processed under GDPR by [controller].
4. That confidentiality is ensured except in legal cases.
5. That I know fees, cancellation policy and the right to revoke.
Signatures, date and place."
Mistakes that void consent
- Text too technical or ambiguous.
- Signing after intervention started.
- Not documenting revocation.
- Mixing clinical consent with marketing.
- Not keeping accessible copy.
Preguntas frecuentes
Common questions about informed consent in psychology practice.
Is informed consent mandatory in psychology?
Yes. Law 41/2002 and GDPR require prior, free, specific and informed consent for any psychological intervention.
Can consent be verbal?
For routine services it can be verbal, but written documentation protects both parties.
What if the patient doesn't sign?
Without consent, intervention should not start. Document the refusal.
Is signing by email valid?
Electronic signature with traceability yes. Plain email with 'I accept' doesn't meet the standards.
How long must I keep signed consent?
Minimum 5 years from file closure. Some Spanish regions require 10-15 years.