By Clara Team
Informed consent in therapy: a practical guide
Informed consent in therapy is a process of information and choice, not simply a signature. A person needs to understand the proposed service, how it will work, its limits, and available alternatives before agreeing.
Spanish Law 41/2002 addresses patient autonomy and healthcare consent. The General Data Protection Regulation separately governs personal data and gives health data special protection.
This is general guidance for private practices in Spain, not legal advice for a particular case.
What to explain
A clear consent conversation commonly covers:
- who provides the service and how to contact them;
- the purpose, format, and broad nature of care;
- fees, cancellations, and communication channels;
- confidentiality and its limits;
- how the clinical record is maintained;
- coordination or referrals where relevant;
- optional choices such as making a session record;
- how to ask questions or withdraw a permission.
Information should fit the person's age, capacity, language, and circumstances. Handing over a long document does not by itself demonstrate understanding.
Choices that should remain separate
Agreeing to therapy does not automatically establish the lawful basis for every use of health data. Nor does it necessarily cover online sessions, every communication channel, disclosure to another professional, or audio and transcription.
Keeping choices separate allows someone to decline an optional activity without appearing to refuse care altogether. The guide to GDPR for therapists explains the data-protection side in more detail.
How to document consent
The record should show what information was supplied, which version was used, who made the decision, when it happened, and whether it later changed. When a guardian or representative is involved, record their identity and relationship to the person receiving care.
Clara supports informed consent management, including secure delivery by email and retention of responses, signature, date, status, and the resulting document within the clinical record.
Review consent when the service, format, purpose, professional, representation, or a specific permission changes. The guide to managing the consent lifecycle covers this process.
Official sources
- Spanish Law 41/2002, BOE.
- Regulation (EU) 2016/679, EUR-Lex.
Information reviewed on September 5, 2026.