Security and conformity

Email Marketing Consent: The Do’s and Don’ts You Need to Know

Email marketing is an effective way for businesses to connect with their audience and build relationships with them. However, with the introduction of new data protection laws, it’s now more important than ever to ensure that your email marketing campaigns are compliant with regulations surrounding consent. In this article, we’ll explore the do’s and don’ts you need to know to ensure that your email marketing efforts are both effective and legally sound.


The Importance of Consent in Email Marketing

Consent is a crucial part of email marketing. It’s important for businesses to obtain permission from their audience before sending them marketing emails. Without proper consent, businesses can face legal and reputation issues. 

Obtaining consent is not only a legal requirement, but it’s also good for business. When individuals provide consent to receive marketing emails, they are more likely to engage with the content and take action. Consent ensures that the audience is interested in the content being sent to them and is more likely to convert into customers.


How to Ensure Compliance with Email Marketing Consent Laws?

The first step is to understand the difference between opt-in and opt-out consent. Opt-in consent requires individuals to actively provide permission to receive marketing emails. This can be done by filling out a form, checking a box, or any other explicit action. Opt-out consent, on the other hand, assumes that individuals are willing to receive marketing emails unless they specifically request to opt-out.


The Do’s of Obtaining Email Marketing Consent

To obtain email marketing consent that complies with regulations, businesses need to follow certain best practices.

  1. Ensure that the consent form is clear and concise. The form should clearly explain what individuals are consenting to and how their data will be used. It should also provide individuals with the option to opt-out at any time.
  2. Ensure that the consent form is easy to access. The form should be prominently displayed on the website, and individuals should be able to easily find it. The form should also be easy to understand and fill out. It should not be overly complex or confusing. The form should also be mobile-friendly and easy to fill out on a smartphone or tablet.

  3. Provide individuals with a double opt-in process. This means that after individuals provide their information, they will receive an email asking them to confirm their consent. This helps to ensure that individuals are providing consent knowingly and intentionally.


The Don’ts of Obtaining Email Marketing Consent

When obtaining email marketing consent, it’s important to avoid certain practices that can lead to non-compliance.

  1. Avoid pre-ticked boxes. Pre-ticked boxes assume that individuals want to receive marketing emails, which goes against the GDPR requirement for opt-in consent.

  2. Avoid hidden or deceptive consent forms. The consent form should be clearly displayed and easy to understand. It should not be buried within other text or placed in an inconspicuous location.

  3. Avoid bundling consent. Bundling consent means that businesses require individuals to consent to multiple things at once, such as receiving marketing emails and sharing their data with third parties. This can be confusing for individuals and goes against the GDPR requirement for explicit and specific consent.


Penalties for Non-Compliance with Email Marketing Consent Laws

Non-compliance with email marketing consent laws can result in significant penalties. The GDPR allows for fines of up to 4% of global annual revenue or €20 million, whichever is greater. In addition to financial penalties, non-compliance can also lead to reputation damage and loss of customer trust.

To avoid these penalties, businesses should ensure that they are obtaining email marketing consent that is compliant with regulations. This means following the best practices outlined above and avoiding any practices that go against the GDPR requirements.



Email marketing can be a powerful tool for businesses, but it’s important to ensure that email marketing campaigns are compliant with regulations surrounding consent. By following the do’s and don’ts outlined in this article, businesses can obtain email marketing consent that is both effective and legally sound. By following these best practices, businesses can build strong relationships with their audience while staying on the right side of the law.