Term: Explicit Consent
Explicit consent is a clear, informed, and voluntary action that signifies agreement to the processing of personal data, typically between businesses and their users.
In Article 4, the GDPR defines consent (and not explicit consent) as:
“‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”
- A “freely given” consent indicates that the user provided it without coercion.
- A “specific” consent indicates that the user may grant consent for a specific purpose, such as for a specific category of cookie (such as marketing or analytics).
- The term “informed” implies that the user has access to clear information about the website.
Explicit Consent vs. Implicit Consent
Explicit and implicit consent represent two distinct approaches to obtaining permission for personal data processing. Implicit consent, in contrast to its explicit counterpart, is inferred and not explicitly expressed. This means that it isn’t acquired through a definite affirmative action like clicking a button or signing a document. Instead, implicit consent is assumed when, for instance, a customer makes a purchase or does not change a pre-ticked box.
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