Implicit Permissions - Email Marketing

What are Implicit Permissions?

In the context of email marketing, implicit permissions refer to the consent that is not explicitly given by the recipient but is implied by their actions or their existing relationship with the sender. This type of permission is generally derived from ongoing interactions or past transactions, suggesting that the recipient is likely to be interested in the content of the emails.

Examples of Implicit Permissions

Examples of implicit permissions include:
Transactional emails sent after a purchase.
Emails sent to someone who has an existing business relationship with you.
Emails sent to individuals who have shown interest in your products or services (e.g., downloading a whitepaper or attending a webinar).

How to Obtain Implicit Permissions

Implicit permissions can be obtained through various means:
Purchases: When a customer makes a purchase, it implies consent to receive follow-up emails related to that transaction.
Inquiries: If someone has inquired about your services or products, this can be seen as implied consent.
Subscriptions: Signing up for a free trial or downloading a resource can also imply permission.

Legal Considerations

Legal compliance is crucial when relying on implicit permissions. Different regions have varying regulations regarding email marketing:
GDPR: Under GDPR, the consent must be clear and affirmative, making implicit permissions a gray area.
CAN-SPAM Act: This U.S. law allows implicit permissions but requires a clear and easy way to unsubscribe.
CASL: Canadian Anti-Spam Legislation is stricter and often requires explicit consent, although there are exceptions for existing business relationships.

Best Practices for Using Implicit Permissions

To effectively use implicit permissions while maintaining compliance and trust, consider the following best practices:
Clear Communication: Always provide clear information about why the recipient is receiving your email.
Opt-Out Options: Ensure there is an easy way for recipients to opt-out of future emails.
Relevant Content: Send content that is highly relevant to the recipient based on their previous interactions with your brand.

Benefits of Implicit Permissions

Using implicit permissions can offer several benefits:
Increased Open Rates: Recipients who have shown interest in your products or services are more likely to open your emails.
Better Engagement: Emails sent based on implicit permissions often result in higher engagement rates.
Efficient List Building: It provides an easier way to grow your email list without requiring explicit consent for every single email.

Risks Associated with Implicit Permissions

While there are benefits, there are also risks:
Legal Risks: Not adhering to local regulations can result in fines and penalties.
Spam Complaints: Implicit permissions can lead to higher spam complaints if not managed carefully.
Brand Reputation: Sending emails without explicit consent can harm your brand reputation.

Conclusion

Implicit permissions in email marketing can be a valuable tool for engaging with your audience. However, it's essential to balance this approach with legal compliance and best practices to ensure that your email marketing efforts are both effective and ethical.

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