Glossary

Explicit consent

Explicit consent is a higher standard of consent, given through an express statement such as a written or typed confirmation, that the GDPR requires for sensitive data, for some automated decisions and as a fallback for international transfers.
Also calledexpress consent

All consent under the GDPR must be a clear affirmative action, but the word explicit appears in three places where the law asks for more: Article 9(2)(a) for processing sensitive data, Article 22(2)(c) for decisions based solely on automated processing, and Article 49(1)(a) for a transfer of personal data outside the EEA without other safeguards, after the person has been informed of the risks.

The EDPB's Guidelines 05/2020 explain the difference. Ordinary consent can be given by a click on a button that is clearly an agreement. Explicit consent needs an express statement of consent: signing a written statement, filling in an electronic form that says so, sending an email, or a two-step confirmation. A single banner click on Accept all is ordinary consent, not explicit consent.

Cookies seldom need the higher standard, but they can. A tracker on a page about a medical condition, or a pixel that sends health or sexual orientation signals to an advertiser, may process special categories of data, and the controller then needs an Article 9 condition. Türkiye's KVKK uses the term more widely: explicit consent is its default basis, defined as consent on a specific subject, based on information and freely given. Compare with implied consent, at the other end of the scale.

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