Explicit Consent
What is explicit consent?
Explicit consent (often called "opt-in" consent) is a legal standard requiring a user to take a clear, affirmative action to agree to data processing before it begins. Unlike implied consent, where silence or inactivity might be assumed as agreement, explicit consent requires the user to check a box, click a button labeled "I Agree," or toggle a switch. Under laws like the GDPR, explicit consent is required for processing sensitive data or placing non-essential cookies.
Why does explicit consent matter?
For website owners, relying on implied consent (e.g., "By continuing to use this site, you agree to cookies") is no longer compliant in many jurisdictions, including the EU and UK. Regulatory bodies require that consent be "freely given, specific, informed, and unambiguous." Using explicit consent mechanisms, like Clym's compliance widget, helps businesses from getting fines and builds trust with users actively choose to share their data.
Related terms
FAQs about Explicit Consent
No. The European Court of Justice (Planet49 ruling) determined that pre-ticked boxes do not constitute valid consent because they do not represent an active choice by the user.
It is strictly required for processing sensitive personal data (health, race, biometrics), for automated decision-making (profiling), and generally for placing third-party tracking cookies under the ePrivacy Directive and GDPR.
Yes. Regulations require that withdrawing consent must be as easy as giving it. Websites must provide a simple way for users to change their preferences or opt-out later.