Which countries require double opt-in for email marketing according to GDPR and best practices?

Summary

Across various expert opinions, documentation, and email marketing practices, it's consistently emphasized that no specific country mandates double opt-in (DOI) by law. However, the General Data Protection Regulation (GDPR) necessitates verifiable consent, making DOI a 'gold standard' and, for practical purposes, a de facto requirement for those wishing to adhere to best practices, especially when engaging with EU residents. Although Germany does not explicitly require DOI, it has court precedents that indirectly pressure its adoption. Cultural differences also play a role in the stringency of enforcement. Implementing DOI is strongly advised for reasons such as maintaining list hygiene, improving deliverability, mitigating subscription bombing, providing an audit trail, preventing bots and malicious sign-ups, and avoiding being flagged as spam. Therefore, while not a strict legal necessity everywhere, DOI is strategically critical when targeting regions with strict data protection regulations, especially the EU, and is considered a universally endorsed best practice.

Key findings

  • No Explicit Legal Requirement: No specific country has a law explicitly mandating double opt-in (DOI) for email marketing.
  • GDPR's Verifiable Consent: The GDPR requires verifiable consent, thereby elevating DOI to a 'gold standard' for compliance.
  • Practical Necessity in the EU: DOI is considered a de facto requirement for best practices when engaging with EU residents due to GDPR.
  • German Court Precedents: Although not mandated, German court precedents indirectly pressure the adoption of DOI.
  • Best Practice for Deliverability and Hygiene: DOI is a universally endorsed best practice for maintaining list hygiene, improving deliverability, and preventing various harmful activities.

Key considerations

  • Consult Legal Counsel: Consult with legal counsel to ensure company policies align with GDPR and DOI.
  • Comply with EU Legislation: Complying with EU legislation is challenging without adopting DOI or an equivalent measure.
  • Cultural Nuances: Be aware of cultural differences that may affect the stringency of enforcement.
  • Comprehensive Strategy: Develop a comprehensive email marketing strategy in line with best practices.
  • Alternative Consent Mechanisms: Explore and validate alternative verifiable consent mechanisms if DOI is not feasible.

What email marketers say
10Marketer opinions

While no specific country explicitly mandates double opt-in (DOI) for email marketing, it is strongly recommended, particularly when contacting EU citizens under the General Data Protection Regulation (GDPR). GDPR emphasizes verifiable consent, and DOI is considered one of the most convenient and effective methods to achieve and prove it. Cultural differences exist, impacting how strictly consent is enforced, but DOI is generally seen as a best practice to avoid problems, set expectations, maintain list hygiene, improve deliverability, and avoid being flagged as spam. Though not a legal requirement everywhere, it's strategically beneficial when targeting regions with stringent privacy laws like those within the EU.

Key opinions

  • No Explicit Mandate: No country explicitly requires double opt-in (DOI) by law.
  • GDPR and Verifiable Consent: The GDPR framework necessitates verifiable consent, making DOI a robust method for compliance.
  • EU Recommendation: DOI is strongly advised when contacting EU citizens due to GDPR.
  • Improved Deliverability: DOI improves deliverability by ensuring engaged and active subscriber lists.
  • Cultural Impact: Cultural differences influence the enforcement of consent, making DOI beneficial in some regions more than others.

Key considerations

  • Alternative Consent Methods: Alternative verifiable consent methods can be used, but DOI is often the most straightforward.
  • Regional Privacy Laws: Consider the strictness of privacy laws in target regions, particularly within the EU.
  • List Hygiene: Implementing DOI helps maintain list hygiene and avoids spam complaints.
  • Reputation Management: DOI helps avoid being flagged as spam by inbox providers, protecting sender reputation.
  • Best Practice: Even without explicit legal mandates, DOI is considered a best practice for email marketing.
Marketer view

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.

August 2024 - Litmus
Marketer view

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.

January 2025 - Campaign Monitor
Marketer view

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.

May 2021 - Reddit
Marketer view

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.

April 2023 - HubSpot
Marketer view

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.

May 2024 - OptinMonster
Marketer view

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.

July 2022 - Reddit
Marketer view

Email marketer from Email Geeks shares that cultural differences exist, where in some countries COI can help avoid problems and set expectations.

June 2023 - Email Geeks
Marketer view

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.

February 2024 - Mailjet
Marketer view

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.

May 2021 - Email Geeks
Marketer view

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.

November 2023 - Sendinblue

What the experts say
7Expert opinions

Experts agree that no country explicitly legislates double opt-in (DOI) for email marketing. However, the GDPR requires verifiable consent, making DOI a 'gold standard' and practically a de facto requirement for best practices with EU residents. Germany has court precedents related to DOI, adding further pressure. While not a strict legal mandate everywhere, implementing DOI is considered a best practice for maintaining list hygiene, improving deliverability, mitigating subscription bombing, providing an audit trail, and preventing bots and malicious signups. Sending emails that people want and expect to receive is fundamental, and DOI is a tool for ensuring this.

Key opinions

  • No Legal Mandate: No country has a specific law requiring double opt-in (DOI).
  • GDPR and Consent: GDPR requires verifiable consent, positioning DOI as the 'gold standard'.
  • Germany's Influence: While not mandated, German court precedents create pressure for using DOI.
  • Best Practice for Deliverability: DOI is a best practice for list hygiene, deliverability, and preventing harmful signups.
  • User Expectation: Sending emails recipients want and expect is the ultimate goal, with DOI as a facilitating tool.

Key considerations

  • Legal Counsel: Check with lawyers to evaluate company policies in relation to GDPR and DOI.
  • EU Compliance: Complying with EU legislation is difficult without DOI or equivalent measures.
  • Germany's Legal Environment: Be aware of the legal environment in Germany regarding email marketing practices.
  • Proactive Measures: Bad practices can severely impact deliverability; use DOI as a preventative measure.
  • Comprehensive Plan: If a comprehensive email marketing plan is lacking, defaulting to DOI for new subscriptions is recommended.
Expert view

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.

January 2024 - Email Geeks
Expert view

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.

October 2023 - Word to the Wise
Expert view

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".

November 2024 - Email Geeks
Expert view

Expert from Email Geeks shares that complying with EU legislation is hard without COI or something equivalent.

March 2025 - Email Geeks
Expert view

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.

January 2025 - Email Geeks
Expert view

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.

December 2021 - Spamresource.com
Expert view

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."

May 2021 - Email Geeks

What the documentation says
4Technical articles

Documentation from various sources emphasizes that while GDPR doesn't explicitly mandate double opt-in (DOI), it requires verifiable consent. DOI provides a robust method for demonstrating that consent was freely given, specific, informed, and unambiguous. It also provides a clear record of consent for compliance purposes, minimizes the risk of bots and spam accounts, and enhances audience quality. Consent needs to be a positive opt-in, and organizations must offer genuine choice and clear information. Double opt-in is an excellent way to show explicit consent, especially when using a GDPR-compliant form.

Key findings

  • GDPR Requires Verifiable Consent: GDPR mandates that organizations must have verifiable consent for processing personal data.
  • DOI Demonstrates Robust Consent: Double opt-in is a robust method to demonstrate consent was freely given, specific, informed, and unambiguous.
  • Clear Record of Consent: Confirmed opt-in provides a clear record of consent, helping comply with GDPR.
  • Reduces Risk of Bots and Spam: Double opt-in minimizes the risk of bots and spam accounts subscribing to lists, enhancing audience quality.
  • Positive Opt-In Needed: Consent under GDPR needs to be a positive opt-in; pre-ticked boxes or default consent are invalid.

Key considerations

  • Keep Records of Consent: Organizations need to keep records of how and when individuals gave consent.
  • Use GDPR-Compliant Forms: Implement GDPR-compliant forms to obtain consent effectively.
  • Provide Clear Information: Ensure organizations offer a genuine choice and provide clear information about the use of data.
  • Consent for Marketing Emails and SMS: You must have consent to send marketing emails and SMS to EU citizens.
  • Enhance Audience Quality: Implement double opt-in process for best practice.
Technical article

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.

July 2022 - Klaviyo
Technical article

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.

June 2021 - GDPR.eu
Technical article

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.

August 2024 - ActiveCampaign
Technical article

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.

March 2023 - UK ICO