What should I do with trade show contacts in Mailchimp without explicit opt-in?

Summary

The overwhelming consensus is that you should NOT add trade show contacts to Mailchimp without explicit opt-in. Legally (GDPR, CASL, PECR) and ethically, explicit consent is required. While some suggest Mailchimp might not strictly enforce this for low-volume senders with good engagement, it's a risk. Instead, offer incentives for signing up at the event (contests, giveaways), use signup forms on tablets, or send a follow-up email asking them to opt-in. Transparency and clear communication about what subscribers will receive are crucial. Some experts suggest tagging contacts to track permission levels, while one advises against proactively contacting Mailchimp about potential violations.

Key findings

  • Explicit Opt-in is Key: Legal frameworks (GDPR, CASL, PECR) and Mailchimp's terms of service necessitate explicit consent before adding contacts to your email list.
  • Non-compliance is Risky: Even if Mailchimp doesn't actively police low-volume senders, non-compliance with regulations and best practices can lead to penalties and damage to your reputation.
  • Transparency Builds Trust: Clearly communicate the benefits of subscribing and what types of emails recipients can expect.
  • Offer Value for Opt-in: Provide incentives (contests, giveaways, valuable content) to encourage contacts to actively opt-in to your list.
  • Follow-up is Necessary: Send a follow-up email after the event asking contacts to confirm their subscription.

Key considerations

  • Legal Compliance: Thoroughly understand and adhere to data protection laws (GDPR, CASL, PECR) in your region.
  • Mailchimp Policies: Familiarize yourself with Mailchimp's terms of service regarding opt-in requirements and acceptable use policies.
  • User Experience: Prioritize a positive user experience by being transparent, providing value, and making it easy for contacts to subscribe and unsubscribe.
  • Risk Tolerance: Carefully weigh the potential risks (legal penalties, account suspension) against the benefits of adding trade show contacts to your list without explicit opt-in.
  • Data Security: Implement appropriate data security measures to protect the personal information of your contacts.

What email marketers say
10Marketer opinions

The general consensus is that adding trade show contacts to Mailchimp without explicit opt-in is not recommended due to legal and platform policy considerations. While Mailchimp may not always actively enforce its opt-in policy for low-volume senders with good engagement, it's still best practice to obtain explicit consent. Methods for doing so include using signup forms at events, sending confirmation emails post-event, and being transparent about what subscribers will receive. Some suggest contacting Mailchimp proactively, while others advise against it, citing potential risks. Ultimately, prioritizing compliance and user experience is vital.

Key opinions

  • Explicit Opt-in: Explicit opt-in is legally and ethically the best practice for adding trade show contacts to your email list.
  • Enforcement Varies: Mailchimp may not always actively enforce its opt-in policy for low-volume senders with good engagement, but compliance is still essential.
  • Transparency is Key: Being upfront about what subscribers will receive helps build trust and encourages legitimate sign-ups.
  • Multiple Consent Methods: Signup forms at events, confirmation emails, and clear communication are effective ways to obtain consent.
  • GDPR Compliance: It's best practice to explain GDPR clearly to your audience and what their rights are.

Key considerations

  • Legal Compliance: Understand and comply with relevant data protection laws (e.g., GDPR, CASL).
  • Platform Policies: Adhere to Mailchimp's terms of service regarding opt-in requirements.
  • User Experience: Prioritize transparency and respect for user preferences to build trust and avoid spam complaints.
  • Risk Assessment: Weigh the risks and benefits of contacting Mailchimp proactively versus addressing compliance issues independently.
  • Engagement: If proceeding, monitor engagement and complaints closely. If complaints rise, resolve permission issues.
Marketer view

Marketer from Email Geeks shares that while real opt-ins are the correct path, Mailchimp (and other platforms) often don't actively enforce it unless there are high volumes of emails to bad addresses or many spam complaints. He suggests that the client's low volume and good engagement mean they likely aren't on Mailchimp's radar.

October 2023 - Email Geeks
Marketer view

Email marketer from Reddit User /u/EmailMarketingPro says that while adding trade show contacts without permission might seem tempting, it's best to avoid doing so. You should instead send a friendly follow-up email to those contacts asking if they'd like to opt-in to your list. Explain the benefits of subscribing and provide a clear unsubscribe option.

April 2022 - Reddit
Marketer view

Email marketer from Mailchimp explains that contacts collected offline, such as at trade shows, require explicit opt-in. They recommend using a signup form on a tablet or providing a physical signup sheet with clear consent language. After the event, send a confirmation email to these contacts asking them to confirm their subscription.

August 2021 - Mailchimp
Marketer view

Email marketer from Sendinblue shares it's best practice to explain GDPR clearly to your audience. People need to understand exactly what GDPR means, what their rights are, and what data your business holds on them.

July 2023 - Sendinblue
Marketer view

Email marketer from EmailOctopus shares that adding trade show leads to your email list without explicit consent is not recommended. It's better to offer an incentive for people to subscribe at the event, like a contest or free giveaway. Alternatively, you can send an email after the event asking if they would like to subscribe to your list.

September 2021 - EmailOctopus
Marketer view

Email marketer from HubSpot recommends always gaining explicit opt-in at trade shows. Providing value by clearly stating what subscribers will get, offering an incentive, and making it easy for people to subscribe are key to getting subscribers the right way.

August 2023 - HubSpot
Marketer view

Marketer from Email Geeks suggests considering contacting Mailchimp's support to discuss proactive steps taken to align with their terms. They also suggest using Mailchimp's mobile app, QR codes, or NFC for easier sign-ups at events.

June 2021 - Email Geeks
Marketer view

Email marketer from ActiveCampaign recommends being upfront about what they'll be receiving when people sign up. Ensure it's easy for people to understand exactly what they are signing up for and what they are going to get. People should understand that they are signing up to an email list.

May 2022 - ActiveCampaign
Marketer view

Email marketer from MarketingForums.com suggests you segment the list and send an initial email introducing yourself and asking if they'd like to stay in touch by opting in. Make sure the email is friendly and non-spammy. Track who opts in and remove those who don't from your main list.

January 2024 - MarketingForums.com
Marketer view

Email marketer from Campaign Monitor advises that companies need to be upfront, honest, and transparent when asking people to join their email list. It's essential to make sure that it is clear that joining an email list means you are subscribing to ongoing communications, promotions, and content.

September 2024 - Campaign Monitor

What the experts say
3Expert opinions

Experts have differing views on using trade show contacts in Mailchimp without explicit opt-in. One expert suggests that if email addresses were given, Mailchimp may consider it mostly opt-in, recommending tagging contacts to track permission. Another expert advises against contacting Mailchimp about potential terms of service violations. In contrast, another strongly advises that contact information alone is insufficient, and explicit consent is necessary before adding contacts to a marketing list.

Key opinions

  • Conflicting Opinions: Experts offer contrasting perspectives on the acceptability of using trade show contacts without explicit opt-in.
  • Permission Tracking: Tagging contacts based on their level of permission is recommended for managing trade show contacts.
  • Consent Required: Explicit consent is required before sending marketing emails.

Key considerations

  • Mailchimp's Stance: Understand Mailchimp's perspective on what constitutes opt-in for trade show contacts.
  • Legal Requirements: Ensure compliance with data protection laws that mandate explicit consent.
  • Risk Assessment: Weigh the potential risks of violating terms of service against the benefits of marketing to trade show contacts.
Expert view

Expert from Email Geeks advises against proactively contacting Mailchimp about violating their terms of service, especially given their history of selective enforcement.

May 2024 - Email Geeks
Expert view

Expert from Email Geeks explains that if email addresses were provided at events, it's mostly opt-in as far as Mailchimp is concerned. He suggests tagging the current set of contacts to track their permission level and suggests considering if Mailchimp is the right vendor for this business.

May 2024 - Email Geeks
Expert view

Expert from Word to the Wise advises that simply having contact information from a tradeshow, without explicit permission, is not sufficient for sending email. You need to gain their explicit consent before adding them to a marketing list and sending them emails.

July 2023 - Word to the Wise

What the documentation says
4Technical articles

Legal documentation consistently emphasizes the need for explicit consent for marketing communications, especially concerning data protection laws like GDPR, CASL, and PECR. Consent must be freely given, specific, informed, and unambiguous, requiring a clear affirmative action from the individual. Collecting a business card or similar passive data collection methods at a trade show doesn't typically meet the standard for consent, making direct marketing without further action non-compliant.

Key findings

  • Explicit Consent Required: GDPR, CASL, and PECR mandate explicit consent for sending marketing emails.
  • Affirmative Action Needed: Consent must be obtained through a clear affirmative action, such as actively ticking a box.
  • Passive Collection Insufficient: Collecting contact information at a trade show is not enough to establish consent.
  • Legal Compliance: ISO 27001 requires organizations to comply with data protection laws, further reinforcing the need for consent.

Key considerations

  • GDPR Compliance: Ensure that consent mechanisms comply with GDPR requirements for being freely given, specific, informed, and unambiguous.
  • CASL Compliance: Understand the nuances of CASL regarding express and implied consent, and avoid relying on implied consent based solely on trade show contacts.
  • PECR Compliance: Adhere to PECR, particularly regarding marketing via electronic means, and obtain specific consent before sending emails.
  • Risk Mitigation: Implement strategies to mitigate legal risks associated with non-compliance, such as actively seeking consent before sending marketing communications.
Technical article

Documentation from Fight Spam details Canada's Anti-Spam Legislation (CASL), which requires express consent for sending commercial electronic messages (CEMs). It explains situations where implied consent might exist, such as an existing business relationship. However, simply collecting a business card at a trade show isn't typically enough for implied consent.

January 2025 - Fight Spam.gc.ca
Technical article

Documentation from ISO explains that ISO 27001 requires organisations to identify and comply with relevant legal, statutory, regulatory and contractual requirements for information security. This includes data protection laws (such as GDPR) which mandate specific requirements for obtaining and processing personal data, including consent for marketing communications.

February 2024 - ISO
Technical article

Documentation from GDPR.EU explains that under GDPR, consent must be freely given, specific, informed, and unambiguous. A pre-ticked box or assuming consent is not sufficient. Individuals must take a clear affirmative action to indicate their agreement to receive marketing communications.

May 2021 - GDPR.EU
Technical article

Documentation from legislation.gov.uk details the Privacy and Electronic Communications Regulations 2003 (PECR), which covers marketing by electronic means. PECR says that you must not send marketing emails to individual subscribers unless they have specifically consented to receive them. There is a limited exception for existing customers.

July 2024 - legislation.gov.uk