How is implicit consent typically established?

Implicit consent is established by inferring consent from the actions or inactions of an individual, meaning that consent is understood based on the context in which personal data is provided or the way an individual engages with a service. This type of consent does not require explicit agreement or a formal contract; instead, it relies on a reasonable assumption that the individual agrees to the processing of their personal data based on their behavior or the situational context.

For example, if a person inputs their email address to receive a newsletter, it can be inferred that they consent to the receipt of information associated with that newsletter. This form of consent is often seen in instances where the expected use of personal data is clear and reasonable for the individual, demonstrating a level of trust in the handling of their information.

Other options focus on explicit methods of obtaining consent like written contracts or active communication, which describe forms of express consent rather than implicit consent. Legal documents are also unnecessary for establishing implicit consent, and therefore, they do not align with the concept being described.