Email marketing consent form is a sign-up form where people can consent to receive marketing emails.
An email marketing consent form can visually look very different from business to business, but all email marketing forms serve the same purpose. These forms are designed to collect consent from customers. As described in GDPR, such consent should be explicit consent, meaning it is a freely given, specific, informed, unambiguous, affirmative agreement.
Marketing email forms can be found as pop-ups or placed in various parts of a website.
Another mistake companies make with these types of email marketing consent forms is writing an unclear, confusing, or too complex disclosure. If the consent is to be valid, it must be given freely and with the full understanding of its consequence. Stating your subscribers will “receive special offers” might not be enough. From this disclosure, it is unclear whether offers are received via email, post, or SMS, how often, and their purpose, while it is not a legal requirement, the more clear and transparent your disclosure is the better the sign-up form.
A lead magnet is a sign-up form that offers a benefit in exchange for a lead. A lead, in the case of email marketing, is an email address. An example of a lead magnet is a discount offer for a newsletter sign-up, as can be seen in the examples below.
It is great to use lead magnet consent forms. However, they can often be misleading. Detailed information about further use is always necessary, and if this information is not available, you don’t have a legal basis for sending newsletters or marketing materials to the subscribers.
A checkbox is not necessary if the information provided in the disclosure message is clear and unambiguous. However, the unsubscribe option and its consequences must be stated clearly.
For email marketing consent forms that serve more purposes, checkboxes are needed. The customer must be able to agree to one purpose and not the other. For example, if you, as a business, wish to use customer email to send marketing emails and provide their email to a third party, customers must be able to choose to consent to one and not the other.
No matter which email marketing consent form you use, too complex and confusing messages are also not compliant. The information in the disclosure message must be clear, truthful, and understandable.
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