http://www.ico.gov.uk/news/blog/2012/updated-ico-advice-guid...
"Implied consent is a valid form of consent and can be used in the context of compliance with the revised rules on cookies."
"In some circumstances those seeking consent might consider implied consent as an option that was perhaps more practical than the explicit opt-in model... For implied consent to work there must be some action taken by the consenting individual from which their consent can be inferred... This might for example be visiting a website, moving from one page to another or clicking on a particular button... The key point, however, is that when taking this action the individual has to have a reasonable understanding that by doing so they are agreeing to cookies being set."
http://www.ico.gov.uk/for_organisations/privacy_and_electron...