Which countries require double opt-in for email marketing according to GDPR and best practices?
Summary
What email marketers say10Marketer opinions
Email marketer from Litmus outlines that while specific laws demanding double opt-in are scarce, the GDPR framework across the EU elevates the standard for consent. Therefore, they advise taking a stricter approach to compliance by implementing double opt-in. The article also highlights the importance of keeping up with different international compliance laws for email marketing and they list CAN-SPAM in the US, CASL in Canada, and the GDPR in Europe.
Email marketer from Campaign Monitor shares that while GDPR doesn't say 'you must use double opt-in,' it does say you need verifiable consent. The easiest way to prove consent is double opt-in. They suggest implementing double opt-in for all EU subscribers.
Email marketer from Reddit says that although no specific country requires COI, it's a really good idea if you operate in the EU and specifically Germany due to stringent data privacy enforcement.
Email marketer from HubSpot highlights while GDPR doesn't require the use of double opt-in, it is a solid method of securing and recording the correct consent from your subscribers. In addition to that, it's also one of the best ways to build and maintain a high-quality email list and avoid becoming known as a source of spam by inbox providers like Gmail and Outlook. While no specific country explicitly mandates double opt-in, it is strongly advised when contacting EU citizens under GDPR.
Email marketer from OptinMonster highlights that while not explicitly required by every country, employing double opt-in is essential for GDPR compliance. They emphasize that verifiable consent is critical and double opt-in offers a clear record of permission.
Email marketer from Reddit states that while not legally mandated everywhere, double opt-in should be considered a best practice, especially when targeting subscribers in regions with strict privacy laws. Failing to implement COI can increase the likelihood of being flagged as spam.
Email marketer from Email Geeks shares that cultural differences exist, where in some countries COI can help avoid problems and set expectations.
Email marketer from Mailjet explains that while no specific country explicitly mandates double opt-in, it is strongly advised when contacting EU citizens under GDPR. They also state that double opt-in can improve deliverability by ensuring your list is engaged and active.
Email marketer from Email Geeks explains that while not technically required, double opt-in is one of the most convenient ways to confirm opt-in, making it almost mandatory for countries where GDPR applies, unless alternative verifiable consent methods are used.
Email marketer from Sendinblue answers that while GDPR doesn't strictly enforce double opt-in, it highlights the need for verifiable consent. Double opt-in offers a clear method for achieving and proving consent, making it a recommended practice for GDPR compliance.
What the experts say7Expert opinions
Expert from Email Geeks states that sending email people want to receive and expect to receive is best practice, and COI is one tool for ensuring that. He also notes it mitigates subscription bombing and provides an audit trail.
Expert from Word to the Wise explains that no country explicitly requires double opt-in, but the GDPR necessitates verifiable consent, making double opt-in the gold standard. It strongly implies that, for EU residents, double opt-in is a defacto requirement for those wishing to follow best practice.
Expert from Email Geeks says that bad practices in the B2C space will tank deliverability to business viability threatening levels before acquiring much legal risk. If you don't have a good plan to ensure a healthy mail stream, fall back to "we should use COI for new subscriptions".
Expert from Email Geeks shares that complying with EU legislation is hard without COI or something equivalent.
Expert from Email Geeks shares that no country legislates double opt-in (COI), although Germany has some court precedents related to it. He advises checking with lawyers to evaluate company policies.
Expert from Spamresource.com indicates that while it's not a strict legal requirement in every country, implementing double opt-in is considered a best practice for maintaining list hygiene and improving deliverability, particularly when targeting audiences in regions with stringent data protection regulations. Moreover, the article touches on how it prevents bots and malicious signups.
Expert from Email Geeks says that Germany doesn't explicitly require COI, but doing email correctly without confirmed opt-in is difficult, and German courts are some of the higher profile pressure about that, so it is easier to say "We're gonna do COI."
What the documentation says4Technical articles
Documentation from Klaviyo states that you must have consent to send marketing emails and SMS to EU citizens. Klaviyo explains that double opt-in is an excellent way to show you have explicit consent and recommends having a GDPR-compliant form to obtain consent.
Documentation from GDPR.eu explains that GDPR requires verifiable consent which means organizations need to keep records of how and when individuals gave consent. Double opt-in provides a robust way to demonstrate this consent was freely given, specific, informed, and unambiguous.
Documentation from ActiveCampaign explains that using confirmed opt-in provides you with a clear record of consent, helping to comply with GDPR. It also minimizes the risk of bots or spam accounts subscribing to your lists, enhancing the quality of your audience.
Documentation from the UK ICO explains that consent under GDPR needs to be a positive opt-in. Pre-ticked boxes or any form of default consent are not valid. Organisations must offer a genuine choice and provide clear information about the use of data. Whilst not mandating COI the documentation implies that COI is a very strong indicator of consent.