Implied Consent

Consent that is inferred from an individual's actions or circumstances rather than explicitly stated. Implied consent suggests agreement based on conduct that reasonably indicates consent, such as providing information knowing it will be used for a specific purpose, or taking actions that naturally involve certain data processing. For example, providing your shipping address to receive a purchased item implies consent to use that address for delivery. However, implied consent is weak compared to express or explicit consent and is increasingly disfavored under modern privacy laws. GDPR generally doesn't recognize implied consent as valid—consent must be through clear affirmative action. Some jurisdictions allow implied consent in limited contexts like existing business relationships or clearly understood situations. Organizations should not rely on implied consent for significant data processing, controversial purposes, or where clear consent standards apply. When in doubt, seek express consent. Implied consent's role is shrinking as privacy expectations and legal standards evolve.