Implied Consent
Consent that is inferred from a user’s actions or inaction rather than explicitly stated, accepted in some jurisdictions for non-sensitive data.
Implied consent (also called implicit consent) is a form of consent where agreement is inferred from a person’s actions, behavior, or circumstances rather than from a direct, affirmative statement. For example, under Canada’s PIPEDA, implied consent may be acceptable for the collection and use of non-sensitive personal information where the purpose would be obvious to a reasonable person. Continued use of a service after being notified of data practices can constitute implied consent in some contexts.
Implied consent is not acceptable under the GDPR for cookies or tracking technologies — the European Court of Justice has ruled that consent must be active and explicit. However, some jurisdictions and specific contexts still permit it. Under PIPEDA, implied consent is valid for non-sensitive data with obvious purposes, while sensitive data requires express consent. The CCPA uses an opt-out model where consumers are assumed to consent until they exercise their right to opt out. Understanding which consent standard applies depends on the applicable regulation and the sensitivity of the data.