Express Consent

Consent that is clearly and unmistakably stated, whether orally or in writing, rather than merely implied by conduct or silence. Express consent requires explicit permission through words or actions that demonstrate agreement—checking a box, clicking 'I agree,' signing a form, or verbally stating agreement. This differs from implied consent (inferred from behavior) or deemed consent (automatic unless you opt out). Express consent is required in many contexts including electronic communications under laws like CASL (Canada's anti-spam law), certain marketing activities, and processing sensitive data. The key is that consent must be actively and clearly communicated, not assumed. Organizations should seek express consent through clear consent mechanisms, maintain records of express consent obtained, use unambiguous consent language, provide specific information about what's being consented to, and implement easy withdrawal processes. Express consent creates stronger evidence of agreement and clearer expectations.