Part of the Email and messaging glossary:

Implied consent is an assumption of permission to do something that is inferred from an individual's actions rather than explicitly provided. 

In the context of commercial email and text messages, for example, implied consent may be assumed by the senders because the recipient purchased a product from the sender's website or volunteered with the sender's charitable organization recently. 

Implied consent is a fairly broadly-applied legal concept. Here are a few examples in other contexts:

  • Drivers are assumed to consent to blood alcohol testing. The inference is that the driver understands that driving under the influence is illegal and that they may be subject to testing.
  • If an individual rolls up their sleeve for an injection or to have their blood pressure tested, they are assumed to have given consent and have no legal grounds to claim it was done against their will.
  • In court, if an individual fails to object to a line of questioning within a reasonable time span, implied consent is assumed and they will not be able to object to it in the future.

Implied consent contrasts with express consent, which is explicit verbal or written permission. Anti-spam regulations, such as CAN-SPAM and CASL, differentiate between implied consent and express consent. As a rule, email senders have much greater latitude if recipients have explicitly consented to receive their mailings.

See also: permission marketing, opt-in email, unsolicited bulk email (UBE)

This was last updated in July 2014
Contributor(s): Ivy Wigmore
Posted by: Margaret Rouse

Related Terms

Definitions

  • pink contract

    - A pink contract is an agreement between an Internet service provider (ISP) and a spammer that exempts the spammer from standard policies and allows them to send spam through the ISP. The term pink... (WhatIs.com)

  • opt-out

    - Opt-out communications are messages sent for marketing, promotion or fundraising that include an option for the recipient to be removed from any future messages. The term was originally applied mos... (WhatIs.com)

  • commercial electronic message (CEM)

    - A commercial electronic message (CEM) is a communication soliciting business, funding or support for something that is sent through any electronic channel, including email, social media, voicemail,... (WhatIs.com)

Glossaries

  • Email and messaging

    - Terms related to email and messaging, including definitions about instant messenger and words and phrases about email servers, storage, spam and mobile access.

  • Internet applications

    - This WhatIs.com glossary contains terms related to Internet applications, including definitions about Software as a Service (SaaS) delivery models and words and phrases about web sites, e-commerce ...

Ask a Question About implied consentPowered by ITKnowledgeExchange.com

Get answers from your peers on your most technical challenges

Tech TalkComment

Share
Comments

    Results

    Contribute to the conversation

    All fields are required. Comments will appear at the bottom of the article.