Explicit consent is an approval that is freely given, specific and based on prior information, as defined in Article 3 of Turkey's data protection law (KVKK). It is one of the core legal grounds for processing personal data. Websites must obtain it before placing any non-essential cookies, such as analytics or marketing cookies, on a visitor's device.
Under Article 3 of the KVKK, explicit consent means consent that relates to a specific matter, is based on prior information and is declared with free will. Three elements must come together: the person knows what they are agreeing to, they are properly informed beforehand, and they decide without pressure. The definition and conditions of consent in Articles 4 and 7 of the GDPR follow largely the same principles, so sites subject to both laws can work towards a single consent standard.
In practice, explicit consent matters most for cookies. Analytics and marketing cookies may only be written to a visitor's device after consent has been given; pre-ticked boxes, implied consent through continued browsing, or silence do not count as valid consent. Rejecting must be as easy as accepting. Site owners should categorise their cookies, block non-essential ones until consent arrives, record each consent with its date and choices, and allow withdrawal at any time.
Frequently asked questions
How is explicit consent obtained?
Show a cookie banner that explains which cookies are used and why, offer choices per category, and accept consent only through an active action such as clicking a button or ticking a box. A reject option must appear on the first screen and be as easy as accepting. Record each consent with its date and choices, and let visitors change their preference at any time.
Is explicit consent required for every cookie?
No. Cookies that are technically necessary for the site to function, such as session, security or shopping-cart cookies, do not require consent; informing visitors about them is enough. Analytics, marketing and general preference cookies fall outside that category and may not be used without explicit consent; narrow exceptions such as an interface cookie remembering a language the visitor explicitly chose can qualify as necessary. Scanning your site regularly helps you determine which cookie belongs to which category.
This content is for information only and is not legal advice.