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Compliance & Legal

Consent

Permission given by a subscriber to receive marketing emails from you.

Definition

In email marketing, consent is the permission a person gives to receive commercial emails from you. Consent can be explicit (actively opting in) or implied (through an existing business relationship), depending on the jurisdiction. Modern regulations like GDPR require explicit, informed consent for marketing communications.

Why It Matters

Consent is both a legal requirement and a best practice. Sending emails without consent violates laws like GDPR and CAN-SPAM, damages your reputation, and results in poor engagement. Permission-based email marketing consistently outperforms non-consented approaches.

How It Works

Consent is typically obtained through signup forms, checkout opt-ins, or account creation processes. For GDPR compliance, consent must be freely given, specific, informed, and unambiguous. This means clear language, no pre-checked boxes, and separate consent for different types of communication.

Best Practices

  • 1Use clear, specific language about what subscribers are consenting to
  • 2Do not use pre-checked opt-in boxes
  • 3Document when, where, and how consent was obtained
  • 4Make it easy to withdraw consent at any time
  • 5Periodically re-confirm consent for long-term subscribers

Frequently Asked Questions

Explicit consent is actively given (checking a box, clicking confirm). Implied consent is assumed from a business relationship (existing customer). GDPR generally requires explicit consent for marketing, while CAN-SPAM allows implied consent with proper disclosures.

In some jurisdictions, existing customers can receive marketing under 'soft opt-in' rules if the products are similar and they can easily opt out. However, explicit consent at checkout is safer and clearer.

There is no fixed expiration, but consent can become stale. If a subscriber has not engaged in 12-24 months, consider running a re-permission campaign to confirm they still want to hear from you.