What is explicit consent? How it differs from the privacy notice
What does explicit consent mean under KVKK, how does it differ from the notice obligation, and how does decision 2026/347 affect cookie management?
Author: Kivuz Team
Explicit consent is one of the most frequently confused concepts in KVKK. This post explains the definition of explicit consent, how it differs from the notice obligation, and its role in cookie management.
This content is for general information only and does not constitute legal advice.
What is explicit consent?
Explicit consent is consent that relates to a specific subject, is based on information, and is given by free will. It has three elements: relating to a specific subject, being informed, and free will.
How it differs from the privacy notice
- Notice: the data controller's obligation to inform the data subject about processing. It is one-directional.
- Explicit consent: the data subject giving approval. Not every processing requires explicit consent; but when it does, it must be obtained separately from the notice.
2026/347 and cookies
Decision 2026/347 emphasizes presenting the notice and explicit consent separately in cookie management. That's why modern cookie banners are two-step: first the notice, then category-based explicit consent.
Kivuz Cookie delivers exactly this two-step flow; this site's cookie banner runs on it too.
This content does not constitute legal advice.