In 2017 I noticed during a purchase that a shop said beneath its order button that placing the order meant accepting its terms and conditions. There was no separate checkbox. I asked ICTRecht whether that was possible and wrote that such a box might add an unnecessary step to checkout.
The Dutch Chamber of Commerce now explains the main point clearly: using standard terms does not require a separate signature or checked box. A box can, however, help establish later that someone accepted them. That choice is separate from the obligation to make the terms available in time and in a suitable form.
Show the terms before purchase
Place an understandable link close to the final order step. Make sure customers can read and save the terms. The Dutch government's Ondernemersplein mentions a downloadable file as a useful addition to a web page. Do not bury important information about payment, delivery or withdrawal in fine print. Consumer sales also involve separate information duties that one link does not fulfill by itself.
Keep different permissions separate
A customer may accept purchase terms without agreeing to a newsletter or another use of personal data. The Dutch data protection authority says newsletter consent must be freely given and unambiguous, with an option to unsubscribe. Do not turn wording beneath an order button into a blanket agreement for unrelated purposes.
Then test whether customers understand the process. Removing a checkbox may save a step, but it must not hide information or create confusion. My original conversion tip remains a useful question about friction, with one condition: a simpler checkout must also be clear and legally appropriate for customers.