What is implied consent?

Implied consent is consent inferred from a person’s actions or circumstances rather than given through a direct opt-in. Whether it is valid depends on the applicable privacy law.

• Under GDPR: Silence, inactivity, pre-ticked boxes, or simply continuing to browse do not satisfy GDPR consent requirements. A clear affirmative action is required.

• Under PIPEDA: Implied consent may be appropriate in limited situations where the information is less sensitive and the purpose falls within the individual’s reasonable expectations. Express consent is generally expected for sensitive, unexpected, or higher-risk uses, according to Canada’s official PIPEDA consent guidance.

Implied consent is therefore not valid everywhere in the same way. The applicable valid consent standard depends on the jurisdiction, purpose, sensitivity of the information, and how the person’s choice is expressed.