How should I manage marketing consent for free and paid subscription users across different regions like the US, EU, and Canada?
Summary
What email marketers say7Marketer opinions
Email marketer from ActiveCampaign recommends obtaining explicit consent at signup for both free and paid users to ensure compliance across regions. They suggest using double opt-in and clearly explaining the types of emails users will receive. For users who don't initially provide consent, they propose a follow-up email asking for it.
Email marketer from Sendinblue mentions to segment your audience based on location, preferences and consent status, and create different email campaigns for each segment. This ensures that users only receive emails that they have consented to receive.
Email marketer from Reddit explains that segmenting your list for EU subscribers is essential. Use double opt-in to ensure explicit consent and make unsubscribing very easy, including a clear unsubscribe link in every email. Also, ensure your privacy policy is easily accessible.
Email marketer from Email Marketing Forum says that when you have existing users, send a 're-permission' campaign, reminding them why they are on your list and asking them to actively re-subscribe. Highlight the benefits they'll receive by staying subscribed.
Email marketer from EmailOctopus shares the importance of clearly stating the purpose of data collection, and getting clear consent for email marketing at signup. To remain compliant with GDPR, CASL, and CAN-SPAM. He recommends using a double opt-in process to ensure explicit consent.
Email marketer from Iubenda suggests using a consent management platform (CMP) to handle different regional consent requirements. They emphasize the importance of clear and granular consent options, especially for EU users, and recommend keeping a detailed record of consent for compliance.
Email marketer from Email Geeks shares that they ask for consent when signing up for a free trial (which then leads to a user upgrading to a paid plan if they wish to). When sending marketing emails they apply the same explicit consent to both freemium and paid subscribers. However, both subscribers can still get transactional emails (email verification, receipts, etc).
What the experts say7Expert opinions
Expert from Spam Resource explains that under CASL (Canadian anti-spam law), implied consent has a time limit. If a customer hasn't engaged in two years you need to get express consent to continue sending commercial emails. Further, consent should be freely given and not bundled as a condition of service.
Expert from Word to the Wise explains that GDPR requires explicit consent, which includes free opt-in for the user. This means you need to ensure your email signup process meets these guidelines for EU residents. Implement double opt-in, keep records of consent, and provide transparent privacy policies.
Expert from Email Geeks explains that sending an initial welcome email and asking for consent may be a problem under CASL, but it’s not a problem in the US.
Expert from Email Geeks explains that under CASL, you can mail customers for 2 years after a purchase (implicit consent as an existing customer) and you can ask for consent during those 2 years.
Expert from Email Geeks asks whether the company is doing anything to verify the email address actually belongs to the free user, like sending them mail and then tracking if they take some action or input a 2FA token into your application.
Expert from Email Geeks recommends following CASL rules if you have to adhere to one region's regulations.
Expert from Email Geeks explains that with free service users, you need to collect consent at signup, otherwise you can’t mail them anything.
What the documentation says4Technical articles
Documentation from the FTC outlines the main requirements of the CAN-SPAM Act, including not using deceptive subject lines, clearly identifying the message as an advertisement, providing a physical postal address, and giving recipients an easy way to opt out of receiving future emails. Honor opt-out requests promptly.
Documentation from the CRTC explains that CASL requires express consent for sending commercial electronic messages (CEMs). It also details exceptions, such as implied consent based on existing business relationships, and outlines the required information in a consent request. They note the importance of keeping records of consent.
Documentation from the GDPR states that you must have a lawful basis for processing personal data, including sending marketing emails. Consent must be freely given, specific, informed, and unambiguous. It emphasizes the need for a clear affirmative action from the user to indicate consent and the right to withdraw consent at any time.
Documentation from Mailchimp explains that GDPR in the EU requires explicit consent, CASL in Canada requires express consent (with some exceptions), and the US does not have a federal law requiring consent for marketing emails, but CAN-SPAM Act regulates commercial email. They advise segmenting lists and tailoring consent mechanisms based on region.