How long is implied consent valid for opt-in emails after a content download?
Summary
What email marketers say8Marketer opinions
Email marketer from HubSpot Blog explains that implied consent, obtained from a form submission for a content download, generally lasts for two years. It's recommended to obtain explicit consent for long-term engagement.
Email marketer from ConvertKit Blog explains to think of implied consent as a short-term 'pass' to communicate about very relevant topics related to the content downloaded. They strongly suggest transitioning subscribers to explicit consent as soon as possible.
Email marketer from Mailjet Blog mentions that implied consent from a content download is usually valid as long as the communication is relevant to the download and within a reasonable timeframe (typically 6-12 months). Actively seeking explicit consent is always the safer approach.
Marketer from Email Geeks shares that if they’re filling out a form and you’re providing them with a whitepaper or something, that could be explicit consent (referencing the CRTC guidelines).
Email marketer from ActiveCampaign Blog advises to use the content download as an opportunity to ask for explicit consent. They recommend including a checkbox on the download form or sending a follow-up email that requests explicit consent for ongoing marketing communications. Explicit consent removes the uncertainty of implied consent.
Email marketer from MarketingForums.com states that while implied consent might be technically valid for some time (6-24 months depending on jurisdiction), relying on it is risky. The user recommends always aiming for explicit consent at the point of download or shortly after.
Email marketer from Reddit shares that they typically treat implied consent from content downloads as valid for 12-18 months, but strongly recommend implementing a double opt-in process to gain explicit consent, especially for longer-term marketing efforts.
Email marketer from Sendinblue Blog suggests that for implied consent gained through content downloads, a good practice is to actively seek explicit consent soon after, as implied consent has a limited shelf life, generally considered to be around six to twelve months depending on local regulations and the nature of the relationship.
What the experts say3Expert opinions
Expert from Spam Resource explains collecting affirmative consent and keeping proof allows you to be clear you have permission. They explain that for non-transactional messages, you must be able to document that someone explicitly requested the emails. A good tip is to create a system to make a consent request and store the response to ensure you aren't sending unsolicited emails.
Expert from Email Geeks explains explicit consent requires certain information be on the form, but you likely have a valid implied consent which is good for 24 months.
Expert from Word to the Wise suggests that focusing on gaining informed consent from users is the best way to protect yourself. They explain the need for a clear description of why the information is being requested and clear instructions of what the user needs to do. They also state that under GDPR it is vital to document the consent.
What the documentation says4Technical articles
Documentation from GDPR.EU explains under GDPR, consent must be freely given, specific, informed, and unambiguous, which generally requires an active opt-in (explicit consent). The length of consent validity depends on the context but emphasizes regular refreshment of consent, rendering reliance solely on 'implied consent' risky.
Documentation from crtc.gc.ca explains that implied consent lasts for 24 months after a business transaction, which includes downloading content or requesting information. If no action is taken within those 24 months, express consent needs to be obtained.
Documentation from oaic.gov.au explains that under Australian law, consent must be express or implied, and freely given. Implied consent is less reliable and expires when it is no longer reasonable to assume the individual would expect to receive commercial electronic messages. Regularly seeking explicit consent is advised.
Documentation from ico.org.uk clarifies that under GDPR, implied consent is not specifically defined, and 'consent' requires a clear affirmative action. Whilst not directly addressing content downloads, it emphasizes that data collection should be transparent and not based on pre-ticked boxes or inactivity. Implied consent is unlikely to be valid unless followed up.