Can consent be implied?

[Scribbio]

I'm a little concerned about the use of "implied consent" in this banner - this seems to be a bit of a grey area according to various sources.

Is there any way in applying an option in changing the banner into a pop up modal, preventing website access and still be as effective?

Thanks!

[ggsp]

The implied consent behavior (i.e. the banner disappearing upon reload, even without user action) can be deactivated by setting the waitAccept parameter to true.

I don't think anything stands in the way of customizing the banner's CSS so that it overlays the rest of the page, thus requiring user action before allowing interaction with the page.