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What is explicit vs implicit consent?

Explicit consent results from a clear, affirmative action specifically to receive communications. The subscriber typed their email address, checked an unchecked opt-in box, or clicked a subscribe button-leaving no ambiguity about their intent. GDPR requires explicit consent for most marketing scenarios; it's the gold standard for list health and the strongest legal protection.

Implicit consent is inferred from an existing relationship or context without a specific opt-in action. If someone purchases from you, some jurisdictions allow you to email them about related products based on that relationship. They udidn't explicitly subscribe, but consent is implied by the transaction. CASL (Canada) recognizes implicit consent for up to 24 months from a transaction, but with limitations on content type.

The practical difference is list quality and engagement. Explicit consent produces subscribers who actively wanted to hear from you; implicit consent produces recipients who might tolerate hearing from you. Explicit-consent lists have higher engagement, lower complaints, and better deliverability. When possible, convert implicit consent to explicit-ask transaction-based contacts to confirm they want ongoing communications. The extra step produces more valuable subscribers.