Understanding The Difference between Implicit Email Consent and Explicit Email consent
IMPORTANT: Please note that nothing in this post constitutes legal advice. It’s essential to conduct your own research or consult with a legal professional to ensure your email marketing practices comply with GDPR, CAN-SPAM, and any other applicable regulations on explicit email consent OR implicit email consent.
If you’re dealing with high unsubscribe or email spam rates, it means a lot of people are getting annoyed by the emails you send. One of the most common reasons for this is something called “implicit email consent.”
Understanding Explicit Email Consent
Explicit email consent is straightforward. It occurs when a person explicitly states, “Yes, you can email me.” This usually happens when someone actively subscribes to your newsletter or promotional emails, typically by ticking a checkbox during the signup process or filling out a subscription form.
The subscriber has clearly agreed to receive your emails, which means they are more likely to be interested in your content, and less likely to unsubscribe, or mark your emails as spam.
Understanding Implicit Email Consent
Implicit email consent occurs when a person provides their email address through some form of interaction with your website but doesn’t explicitly say, “Yes, you can email me.”
Example: A person visits your website, starts checking out, adds their email and contact details, but doesn’t finish their order. They have given you their email address as part of the checkout process, but they haven’t explicitly agreed to receive marketing emails.
Why Implicit Email Consent Is Problematic:
- Unclear Permission: The person might not expect to receive marketing emails, leading to annoyance when they do.
- Higher Unsubscribe & Spam Rates: Since these recipients didn’t explicitly agree to receive your emails, they are more likely to unsubscribe or mark your emails as spam, which can seriously damage your email deliverability and sender reputation.
Ways To Reduce Your Unsubscribe & Spam Rates
1. Don't Settle for Implicit email consent
Use clear, prominent subscription forms on your website where visitors can opt-in to receive your emails. During checkout or account creation, include an unchecked checkbox asking for permission to send marketing emails.
2. Confirm explicit email Consent With A Double Opt-In:
This ensures that they genuinely want to receive your emails.
3. Provide Clear Opt-Out Options:
Make it easy for recipients to unsubscribe from your emails with a simple, visible link in every email.
4. Segment Your Audience:
Send targeted emails based on the subscriber’s behavior, and past interactions with your brand.
5. Monitor and Adjust Frequency:
Be mindful of how often you send emails. Too many can overwhelm your subscribers, while too few can cause them to forget about you.
6. Preference Center:
Offer a preference center where subscribers can choose the types of emails they want to receive and how often. Click here to learn how to create one.
7. Analyze Your Data:
Use email marketing analytics to track unsubscribe rates, open rates, and click-through rates. Adjust your strategy based on this data.
Do Your Own Research On GDPR / CAN-SPAM Rules
We’re not going to cover rules specific to GDPR and CAN-SPAM here, so make sure to do your own research based on what country you’re sending emails in to ensure you’re compliant.
Conclusion: Implicit Email Consent
If you’re dealing with high unsubscribe and spam rates, it means something is off.
Try the recommendations in the list above, or simply try making your content better suited to what your audience wants to receive.