What is the concept of 'implicit consent' in data privacy?

Implicit consent refers to the understanding that consent is considered granted for data collection based on the user's actions or behavior, rather than requiring explicit agreement through a legal document or a direct statement of approval. For example, if a user actively engages with a service by, say, clicking to access content or agreeing to certain terms through their navigation, it can be inferred that they consent to the related data practices that come with that use.

This concept relies on the assumption that users are aware of and agree to the standard data practices associated with their behaviors, even if they haven't explicitly confirmed their consent. It is common in many service settings online, where users may not always read every privacy policy or opt-in box but signal their agreement through their actions.

In contrast, other options focus on more formalized forms of consent. A legal agreement specifically signed by the user denotes explicit consent, which requires the user to physically or digitally sign a document that outlines data collection terms. A verbal acknowledgment also signifies explicit consent but lacks the formality and the record-keeping component that a written document would have. A written policy distributed to users does not imply consent; instead, it serves to inform users of data practices and expectations, often requiring further action for consent to be understood and enacted.