Why is Collecting Consent Important?
Collecting consent is crucial in email marketing as it ensures that your subscribers have explicitly agreed to receive communications from you. This not only helps in building a targeted and engaged audience but also ensures compliance with various data protection regulations like the
GDPR and
CAN-SPAM Act.
What are the Legal Requirements?
Different regions have different legal requirements for collecting consent. In the European Union, the
General Data Protection Regulation (GDPR) mandates explicit consent, which means subscribers must actively opt-in to receive emails. In the United States, the
CAN-SPAM Act requires clear and conspicuous consent. Regardless of the region, it is always good practice to follow the strictest regulations to stay compliant globally.
How to Obtain Explicit Consent?
Explicit consent can be obtained through various methods. One of the most common ways is through a
double opt-in process. This involves an initial sign-up form followed by a confirmation email requiring the user to click a link to confirm their subscription. This ensures that the email address is valid and that the subscriber is genuinely interested in your content.
What Information Should Be Included in the Consent Request?
The consent request should be clear and informative. It should include: The purpose of collecting the email address
What type of content the subscriber will receive
How frequently the emails will be sent
A
link to your privacy policy This transparency helps in building trust and ensures that subscribers know what they are signing up for.
How to Handle Consent for Existing Lists?
If you have an existing email list, it is essential to re-validate consent to comply with new regulations. Send an email to your current subscribers explaining the changes in the law and requesting them to
re-confirm their subscription. Provide a clear call-to-action and make it easy for them to opt-in again.
What are the Consequences of Not Collecting Proper Consent?
Failing to collect proper consent can have severe consequences. Non-compliance with regulations like GDPR can result in hefty fines, which can be as high as 4% of your annual global turnover. Moreover, sending unsolicited emails can damage your
brand reputation and result in higher unsubscribe rates and lower engagement.
How to Store and Manage Consent Data?
Keeping a secure and organized record of consent is essential. Use a reliable
email marketing platform that provides tools for managing consent data. Ensure that you record the date, time, and method of consent for each subscriber. This data may be required for audits or in case of a dispute.
Can Consent Be Withdrawn?
Yes, subscribers have the right to withdraw their consent at any time. Make it easy for them to unsubscribe by including a visible
unsubscribe link in every email you send. Comply with unsubscribe requests promptly to maintain trust and comply with regulations.
Best Practices for Collecting Consent
Here are some best practices to follow: Use clear and straightforward language
Provide a value proposition to encourage sign-ups
Avoid pre-checked boxes
Regularly audit your consent collection process
Following these best practices will help you build a quality email list and ensure compliance with legal requirements.