Making sure your Email opt-ins are compliant

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Note: This article is intended to give some general recommendations and is not legal advice.

What is an opt-in email?

Email opt-in is when someone takes affirmative action which indicates consent to join your mailing list. Generally, opt-in is used for mailing lists that have a marketing purpose such as newsletters, abandoned cart emails, and advertising.
There are two types of consent when it comes to the ability to email a contact:

  • Explicit
  • Implied

Some regions have e-marketing and anti-spam laws requiring opt-in consent for marketing emails such as Canada’s CASL and Europe’s GDPR laws. For example, according to GDPR, opt-in should also be accompanied by a link to your privacy policy, and it should be clear what sort of email they are agreeing to receive.

Some Best Practices for Email Opt-in

Use double opt-in when you want to be sure

Double opt-in requires your customers to confirm their subscription with an additional affirmative action, usually by clicking on a link sent to the email address they just submitted. This type of confirmation has the additional benefit of reducing errant signups, so that customers aren’t accidentally added to marketing email lists by someone else. Incidentally, this is also the most effective way to prevent subscribing spam traps by accident, as they do not have the capability of confirming a subscription email. While laws in some jurisdictions don’t require double opt-in, some countries like Germany do require it, so decide for yourself what level of opt-in is right for your program.

Add explicit opt-in text to every display you have

If you have a pop-up asking your customers to sign up for a newsletter, that is all you need as customers know upfront that’s all that they are agreeing to. However, if you are going to send out discounts or unique pieces of content with the intent to collect emails to add to marketing lists, it’s best to outline what exactly your customers are signing up for. For example, you can add text to the bottom of your pop-up: “By completing this form you are also signing up to receive our marketing emails. You can unsubscribe at any time.


Add an opt-in checkbox to your all your forms 

Similar to a double opt-in verification for your mailing list, adding a checkbox to your webforms and pop ups will ensure your customer agrees to receive your marketing emails. Simply add a checkbox with a line saying, “By checking this box, you are agreeing to receive our newsletter, discounts and other marketing emails”. AdRoll’s own email capture form has this box de-selected by default, to meet the consent requirements  of the GDPR which require affirmative consent.


What capabilities does AdRoll Email provide?

AdRoll simplifies much of the subscriber’s email journey, starting from sign-up, so you can grow your list in a compliant way. To learn more about email marketing consent management with AdRoll, we recommend reading the below articles:

  1. Understanding Implied vs. Explicit Consent for Email Marketing
  2. Understanding Email Marketing Consent in Contact Profiles
  3. Why an Unsubscribe Link is Required in All Emails
  4. AdRoll’s New Contact Capture Form
  5. Pixel Assistant Guide
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