Explicit Consent

A higher standard of consent requiring clear, affirmative agreement through express statement or unambiguous action. Explicit consent goes beyond standard consent by requiring an unmistakable, deliberate indication of agreement. Under GDPR, explicit consent is required for processing special categories of personal data (Article 9), automated decision-making with significant effects (Article 22), and international transfers in the absence of adequacy or appropriate safeguards (Article 49). Explicit consent typically involves written statements, digital signatures, explicit opt-ins with specific wording, or recorded oral statements. Pre-checked boxes, implied consent, or silence never constitute explicit consent. The explicit consent standard recognizes that some processing activities present higher privacy risks and warrant stronger protections. Organizations seeking explicit consent should use clear, specific language, separate explicit consent from other consents, maintain detailed records of consent obtained, and implement straightforward withdrawal mechanisms.