Should Shopify checkout opt-in boxes for email marketing be pre-checked for GDPR and deliverability?

Email marketer from Marketing Forum says the same issues related to GDPR also exist in CASL (Canadian Anti-Spam Legislation) - you must obtain express consent, so prechecked boxes should not be used when trying to comply with these laws.

Email marketer from Deliverability Blog notes that the same issues related to purchased email lists can impact deliverability for those using pre-checked boxes - assuming consent where it has not been given will increase bounces, spam reports and negatively impact sender reputation.

Email marketer from Reddit notes that while pre-checked boxes might increase initial sign-ups, they can lead to higher spam complaints and lower engagement rates, negatively impacting deliverability in the long run. GDPR regulations also discourage this practice.

Email marketer from StackExchange notes that while it might seem like a good idea to pre-check the boxes to increase signups, the negatives associated with increased spam reports will quickly outweigh any short term benefits.

Email marketer from MailerLite Blog highlights the importance of affirmative consent under GDPR, stating that pre-checked boxes are not valid. They suggest using double opt-in to confirm subscriber consent and maintain a clean email list.

Marketer from Email Geeks shares an update from Shopify indicating that GDPR compliance requires the opt-in box to be unchecked. Shopify is considering changes to accommodate trusted third parties that gather explicit permission for marketing emails.

Email marketer from Privacy Blog explains that pre-checked boxes infringe on user privacy by assuming consent. This can damage brand trust and lead to legal issues, especially in regions with strict data protection laws. User trust comes from providing the customer with options.

Email marketer from Quora stresses that pre-checked boxes for email subscriptions are a clear violation of GDPR. Explicit consent must be freely given by the user, with a deliberate action to opt-in.

Email marketer from Omnisend Blog emphasizes that GDPR requires explicit consent, meaning pre-checked boxes are not compliant. They recommend using a clear, unchecked opt-in box with transparent language about what the customer is subscribing to.

Marketer from Email Geeks states that addresses from e-commerce, even without explicit opt-in, generally yield good metrics due to recent interaction. Pre-checked boxes are usually fine for deliverability but may pose legal issues.

Marketer from Email Geeks shares their client conversation and decision to go with Shopify's recommendation of pre-checked boxes, arguing it's not surprising to receive marketing emails after a purchase and provides easy unsubscribe options.

Expert from Email Geeks highlights that the decision regarding pre-checked boxes is an internal company decision based on their risk assessment. Some companies prioritize acquiring more addresses and are prepared to handle any resulting delivery or legal issues.

Expert from Spam Resource covers permission and consent where the post states that permission is NOT consent. Permission can be assumed or inferred but is not enough to meet current requirements. Consent is when someone actively says YES I want to receive messages. This is needed to remain compliant.

Expert from Word to the Wise explains that explicit active consent is required for compliance, and passive consent (like pre-checked boxes) is not sufficient. The post emphasizes the need for senders to actively obtain and document consent from subscribers.

Expert from Email Geeks explains that leaving the box checked assumes permission, which isn't the same as being given permission. This default assumption of consent may lead to complaints and negative delivery signals. The decision to use pre-checked boxes depends on the company's risk tolerance and willingness to potentially break laws for profit.

Expert from Spam Resource emphasizes that pre-checked boxes are problematic for consent because they assume permission rather than obtaining it. She stresses the importance of clear and unambiguous opt-in methods that respect user choice.

Documentation from the ICO (UK's data protection authority) specifies that consent requires a positive opt-in. A pre-ticked box is not indicative of a freely given specific and informed indication of the data subject's wishes. The ICO enforces GDPR.

Documentation from GDPR.EU clearly states that consent must be freely given, specific, informed, and unambiguous. Pre-ticked boxes are explicitly mentioned as not meeting the requirement for unambiguous consent, making them non-compliant with GDPR.

Documentation from Shopify Help Center details that Shopify allows customers to opt in or out of email marketing during checkout. Merchants can set the email marketing option to be preselected, but it is not enabled by default. This setting affects whether customers are automatically subscribed to the email list.

Documentation from the Canadian Government Website explains the CASL (Canadian Anti-Spam Legislation) which requires express consent for sending commercial electronic messages. Pre-checked boxes are considered implied consent, which is not sufficient under CASL. You can not assume consent.