Why Understanding Consent Types Matters for Your Store

When running an online store, one of the most important things to set up is your compliance with data privacy laws. These rules tell you how to collect, use, and store information from your visitors and customers. A big part of this is knowing when you need to collect consent and what type of consent is required.

What you must understand is that consent is not a one-size-fits-all concept. Depending on the region and the activity, your Shopify store might need explicit consent or it might be okay to rely on implied consent. Understanding the difference between these two is important as it helps you avoid potential legal problems and gives you more control over how you collect data.

In this blog, we’ll explain both types of consent, compare their pros and cons, and talk about where each is accepted. Plus, you’ll learn how Consentmo now gives you the option to choose between explicit and implied consent for better customization on your store.

What is Explicit Consent?

Explicit consent means that your customer gives you clear permission to collect and use their data. This usually happens when a person clicks on a Cookie banner button that says something like "I agree", "I consent" or "Save my choice"." The action must be intentional and unambiguous.

For example, when someone signs up for your newsletter and clicks a box that says "I agree to receive marketing emails," that’s explicit consent. The person knows what they are agreeing to and has actively given permission.

Explicit consent is often required when the data collected is sensitive or when it’s used for activities like marketing, tracking, or sharing with third parties. Many regulations like the GDPR (General Data Protection Regulation) in Europe require explicit consent for certain types of data collection.

It also means that pre-ticked boxes or passive actions like scrolling down a page don’t count. The user has to take a clear action that proves their agreement.

An explicit concent banner

What is Implied Consent?

Implied consent is a bit different. In this case, you can assume that a person agrees to your data collection based on their actions or behavior. There is no need for them to click a checkbox or give verbal confirmation.

An example of implied consent is when someone continues to use your website after seeing a cookie banner that says, "By continuing to browse, you agree to our use of cookies." By continuing to navigate the site, their actions imply that they agree.

Implied consent is often accepted in regions where the laws are less strict. It can also apply when the data being collected is not considered sensitive. Still, it’s important to make the information visible and clear so that users understand what they are agreeing to, even if they don’t have to click anything.

The Implied consent in the Consentmo app with the Page scroll setting

Pros and Cons of Explicit and Implied Consent

Both explicit and implied consent have advantages and disadvantages, especially when it comes to online stores.

✔️Explicit Consent Pros:

• It gives you a clear record of consent, which is useful if you ever need to prove it.
• It’s more likely to meet the strictest privacy laws like GDPR.
• Customers know exactly what they are agreeing to, which adds clarity.

❌Explicit Consent Cons:

• It can slow down the user journey since people have to stop and click.
• You may lose potential leads if users avoid signing up because of the extra step.
• Setting it up correctly can take more effort.

✔️Implied Consent Pros:

• It allows smoother website experiences since users don’t have to stop and click.
• Good for less sensitive data or basic website functions.
• Easier to implement for general data collection like analytics.

❌Implied Consent Cons:

• It may not meet the requirements of stricter laws.
• There’s less proof that the customer agreed if questioned later.
• Some users may not notice the consent message.

Where is Implied Consent Allowed?

Not every country or region allows implied consent. Some areas have very strict privacy rules that require explicit consent for most types of data collection.

For example, in the European Union (EU) under GDPR, explicit consent is usually required for cookies, marketing, and sharing data with third parties. The same applies in countries with similar rules like Norway, Switzerland, and the UK.

However, some regions still accept implied consent, especially for non-sensitive data or basic website functions. In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) allows implied consent in certain cases. For example, if a person gives you their email to complete a purchase, you may assume implied consent to send them transactional emails.

In the United States, privacy laws differ by state. Some states like California (CCPA/CPRA) require explicit opt-ins for selling personal information, while others have more relaxed rules. In general, implied consent is still common for basic website tracking, especially when no sensitive data is involved.

Regions in Australia and New Zealand also lean more towards allowing implied consent for general data collection, though they require explicit consent for sensitive information.

Because these rules vary, merchants must understand where their customers are located and adjust their consent settings accordingly.

Consentmo Now Supports Explicit and Implied Consent Options

At Consentmo, we know that flexibility matters when it comes to compliance. That’s why we’ve added a new feature that allows merchants to choose between Explicit and Implied consent based on their needs and target regions.

With this option, Shopify merchants can decide how their Cookie banner or consent popup works. If your main audience is in Europe, you can set your store to collect explicit consent with clear buttons and checkboxes. If you mostly serve customers in regions where implied consent is still valid, you can adjust your settings to reflect that.

This new feature helps merchants create a better fit between their compliance settings and their business operations. It also supports a more personalized experience, so you can decide when it makes sense to ask for a clear opt-in and when implied agreement is enough.

Our goal is to give you the tools to adjust your store’s consent flow based on the rules that apply to you. You won’t need to worry about having one rigid approach that doesn’t nessasarily work in every market.

The Explicit and Implied consent in the Consentmo app

Wrapping Up

Consent is a big part of running a compliant Shopify store. Knowing the difference between explicit and implied consent helps you choose the right setup for your store and avoid problems later.

Explicit consent means customers clearly say "yes" before you collect their data. Implied consent means their actions suggest they agree. Both have pros and cons, and what works best depends on your store and your audience.

With Consentmo’s latest update, you now have the flexibility to choose the option that fits your needs. Whether your store needs to follow strict rules like GDPR or you want a smoother experience for users in regions that allow implied consent, you’re covered.

It’s all about finding the right balance for your store while staying compliant. Choosing the correct type of consent is an important step that helps you manage your store’s compliance settings more effectively.