Implied consent is an invalid form of cookie consent that infers agreement from user behavior — for example, stating "by continuing to browse this site, you accept our cookies." Under GDPR and the ePrivacy Directive, implied consent does not meet the legal standard. GDPR requires consent to be freely given, specific, informed, and unambiguous — meaning a clear, affirmative action from the user is required. Passively browsing a website does not constitute an affirmative act. Data protection authorities including the CNIL and ICO have issued enforcement actions against sites relying on implied consent. A compliant banner requires an active opt-in, not inaction.