What is explicit vs implicit consent?
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Picture someone landing on your newsletter signup form. They type their email, click Subscribe, and check the "Yes, send me updates" box. That's explicit consent. A deliberate, specific choice with nothing left to interpretation.
Implicit consent is inferred from context rather than a direct action. If someone buys from your online store, some jurisdictions let you email them about related products, because the business relationship implies they'd expect to hear from you. No direct opt-in. Just inferred permission.
GDPR requires explicit consent for most email marketing and doesn't treat implicit consent as sufficient. CASL (Canada) recognizes implicit consent, but only for 24 months from a qualifying transaction, and only for content directly related to it.
The gap shows up in your metrics. Explicit-consent lists engage better, complain less, and land more reliably in the inbox. If you have subscribers from implied relationships, asking them to confirm is worth it. You'll know exactly who actually wants to hear from you. More on the signup mechanics: single opt-in vs double opt-in.
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