Implicit consent

Implicit consent definition

Implicit consent, also called implied consent, is permission that is inferred from a person’s actions, inactions or circumstances rather than given through a direct statement. It applies when a reasonable person would understand that consent has been granted based on behavior.

Unlike explicit consent, implicit consent is not clearly expressed through a written agreement, checkbox or verbal confirmation. Instead, it is assumed from context.

What is implicit consent?

Implicit consent occurs when someone’s conduct suggests agreement.

For example:

• A customer provides an email address during a purchase, allowing order-related communication.
• A patient presents themselves for a routine medical examination.
• A person hands over a business card, indicating openness to follow-up contact.

In each case, consent is not directly stated but reasonably inferred.

Implicit consent meaning in data privacy

In data privacy and marketing contexts, implicit consent often applies in existing business relationships.

For example:

• A customer purchases a product and receives transactional emails.
• A client inquiry results in follow-up communication related to that request.

However, implicit consent is generally limited in scope. It does not automatically allow broader marketing, profiling or data sharing activities.

Under regulations such as GDPR and Canada’s CASL, implicit consent may be:

• Time-limited
• Restricted to specific purposes
• Insufficient for direct marketing
• Invalid for processing sensitive personal data

Because of these limitations, implicit consent is usually considered weaker than explicit consent in privacy law.

Implicit vs explicit consent

The difference between implicit and explicit consent is clarity and strength.

Implicit consent:

• Inferred from behavior
• No direct confirmation
• Often limited under privacy laws

Explicit consent:

• Clearly and directly given
• Requires affirmative action
• Stronger legal standing under GDPR and similar regulations

For example, checking an unchecked box to receive marketing emails is explicit consent. Simply providing an email address during checkout may only imply consent for order-related communication.

In most modern data privacy frameworks, explicit consent is preferred when consent is required as a legal basis for processing.

Examples of implicit consent

Medical example:
An unconscious accident victim receives emergency treatment. Consent is implied due to urgent circumstances.

Business example:
A customer purchases a product and provides contact information, allowing communication related to the transaction.

General example:
Handing a business card to a salesperson implies openness to follow-up contact.

Limitations of implicit consent

Relying solely on implicit consent can create legal and operational risk, especially in digital environments.

Common limitations include:

• It may expire after a defined period
• It may not cover marketing communications
• It may not apply to third-party data sharing
• It may not satisfy requirements for cookies and tracking technologies

Under GDPR and similar laws, many data processing activities require a clear affirmative action, making implicit consent insufficient in many scenarios.

For this reason, organizations often implement structured systems such as a Consent Management Platform to collect and document explicit consent where required, manage withdrawal, and apply consent rules dynamically across digital properties.