What is Explicit Consent?
Under the GDPR, explicit consent must be expressly confirmed in words. It involves an express statement, not merely an act. It requires words, not mere actions! With explicit consent there can be no room for interpretation, because express words are used. It can be written or spoken. Essentially it is an indication of data subject wishes by express statement
Explicit consent is required where there are special categories of data, transfer to a third country, or automated decision making, including profiling. In these situations, consent must be specifically confirmed by an express statement. Explicit consent is required where serious risk emerges, calling for a high level of individual control expressly confirmed in words.
Examples of valid explicit consent:
• Expressly confirm consent in a written statement.
• Where appropriate, a written statement signed by the data subject (in order to remove all possible doubt and potential lack of evidence in the future)
• Filling in an electronic form
• Sending an email
• Uploading a scanned document carrying the signature of the data subject
• Using an electronic signature
• Oral statement of consent (together with proof that all conditions for valid explicit consent were met when the statement was recorded)
See WP29 Guidelines on Consent Under Regulation