What is Implied Consent in the Context of Email Marketing?
Implied consent refers to a situation where a business can reasonably infer that an individual has agreed to receive marketing communications. This is typically based on an existing relationship or interaction between the business and the individual. Examples include a customer making a purchase, signing up for a membership, or participating in a survey.
How is Implied Consent Different from Express Consent?
Express consent is when a person clearly and explicitly agrees to receive email communications, often by checking a box or filling out a form. Implied consent, on the other hand, is inferred from actions or an existing relationship. Both types of consent are important, but express consent is generally considered more robust and reliable.
When a customer has made a
purchase or donation.
When an individual has an ongoing relationship with the business, such as a membership or subscription.
When someone has voluntarily provided their
email address during a transaction or inquiry.
What are the Legal Considerations?
Legal requirements for implied consent can vary by jurisdiction. For instance,
Canada's Anti-Spam Legislation (CASL) has specific guidelines for implied consent, including time limits. It’s crucial for businesses to understand and comply with these legal requirements to avoid penalties. Always check the regulations in your specific country or region.
How Long Does Implied Consent Last?
The duration of implied consent can vary. For example, under CASL, implied consent from a purchase or donation typically lasts for two years, while inquiries or applications might only provide consent for six months. It’s essential to track these timeframes and seek
express consent when possible.
Sending a confirmation email with a
call-to-action to explicitly opt-in.
Including an opt-in form on your website or landing pages.
Offering incentives like discounts or exclusive content for those who opt-in.
Clearly documenting the source and context of the consent.
Regularly updating your email lists to remove expired consents.
Providing easy options for
unsubscribing and managing preferences.
Why is Implied Consent Important?
Implied consent is crucial for expanding your reach without violating privacy laws. It allows businesses to engage with customers who might not have explicitly opted in but have shown interest through their actions. However, it should be used cautiously and ethically to maintain trust and comply with legal standards.