Discover the incredible secret of opt-in – Everything you need to know!

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GDPR obligations

Since 2018, the General Data Protection Regulation (GDPR) requires companies to protect customers’ personal data and not use it improperly. Therefore, any company must obtain consent from data subjects before collecting and using their information in a marketing campaign. It is in this context that opt-in was introduced, and it is now mandatory to include this option in commercial prospecting emails.

Opt-in: clear consent

Opt-in allows the recipient of the email to explicitly agree to have their email address collected. This consent must be clear, transparent and not confusing, in accordance with the requirements of the GDPR. The sentence used to obtain this consent must inform the person of the use that will be made of their email address. The recipient must also give their consent by checking a box. For example, by accepting the opt-in for marketing prospecting, the company is authorized to contact the customer by email. However, it is important to note that for emails of a different nature, such as newsletters, a separate consent must be obtained. Thus, the company must maintain a separate contact list for each type of mailing.

The customer’s double agreement

In some cases, after checking the opt-in box, a confirmation request may be sent in a separate email. This is called double opt-in. By clicking on the confirmation link, the registration is validated and this also allows the company to verify the accuracy of the email address. This precaution is necessary to maintain a reliable contact list, which is essential to running an effective email campaign.

Active opt-in, the only legal one

It is important to distinguish between active opt-in and passive opt-in. In the case of active opt-in, the recipient is asked to give consent by checking a box. On the other hand, in the case of passive opt-in, the box is already checked, which suggests that consent is given by default. It is therefore up to the recipient to uncheck the box if they do not wish to give their consent. There is also opt-out, where the recipient is already targeted by emailing without having given their prior consent. In this case, they are asked to unsubscribe by checking a box or clicking on an unsubscribe link, which must be present at the bottom of the message. It is important to emphasize that the CNIL, which ensures compliance with the regulations, prohibits opt-out in the context of commercial prospecting addressed to individuals, and strongly recommends against passive opt-in.

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Aside from already existing customer addresses, the use of opt-in in commercial prospecting emails is now mandatory to comply with European regulations. It is essential to realize that this regulation, although it may be perceived as a constraint for companies, aims above all to protect the personal data and privacy of consumers.

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