Explicit Consent
Consent that is freely given, specific, informed, and unambiguous, demonstrated through a clear affirmative action by the user.
Explicit consent, as defined under the GDPR, requires a clear affirmative action from the data subject — such as checking an unticked box, clicking an accept button, or making a verbal statement — that specifically indicates agreement to the processing of their personal data for a stated purpose. The consent must be freely given (not coerced), specific (related to a particular processing activity), informed (the person understands what they are agreeing to), and unambiguous (there is no doubt about the person’s intention).
Explicit consent is the highest standard of consent in data protection law and is required for sensitive data processing, automated decision-making, and cross-border data transfers under the GDPR. Pre-ticked checkboxes, silence, inactivity, or simply continuing to browse a website do not constitute explicit consent. Organizations must also be able to demonstrate that consent was obtained (accountability principle), which means maintaining records of when, how, and what each individual consented to.