What is Explicit and Implicit Consent Under GDPR?

Explicit and Implicit consent refer to two different forms of consent obtained from users for collecting and processing their data.

Explicit consent requires clear and affirmative action from the data subject to grant consent for the processing of their personal data. It must be specific, informed, and freely given. The data subjects should actively agree to the processing of their personal data using checkboxes and opt-ins.

Implicit consent refers to the consent inferred from the actions or behavior of the individual. It assumes that consent has been given based on the individual’s actions, such as continuing to use a website or providing personal data voluntarily without explicitly opting in.

However, implicit consent may not be enough for all kinds of data processing under GDPR. Explicit consent is specifically required for processing sensitive data, marketing communications, and any other situations that involve serious privacy concerns.