In Sunstain’s 2015 book ‘Choosing Not to Choose: Understanding the Value of Choice’ he documents many instances of where switching the sense of defaults has had dramatic effects. The EU has since 2003 required opt-in permission, in contrast to the USA. With GDPR, though, consent must be given by the user to receive anything other than the gated content or lead magnet they’re requesting. Or similar processes such as setting up an account, during quote forms and requests for information. Marketing automation provider Ometria have created a handy table, which demonstrates a good approach to segmenting your existing database and defining who needs GDPR repermissioning: You can create your own system for defining the different segments and their level/route of consent and then decide (in accordance with GDPR regulations and legal advice) which segments to send repermissioning emails to. Steve Henderson recommends that “If you email customers under soft-opt-in’, you should use every touchpoint to upgrade to consent while they are active customers”. One of the best sources of email addresses for both quality and quantity is to capture marketing permission from customers during online checkout. While GDPR & best practice do make list building a little more difficult, they put the user first. Actively choosing not only requires more thought, but people shy away from taking the responsibility of making a choice and the risk of regret – “I wish I hadn’t signed up to that brand”. We avoid making consent a precondition of a service. More on that later. Currently the CAN-SPAM regulation in the USA means opt-out basis is acceptable. The 10 great examples of GDPR emails Most GDPR emails are alike — they inform subscribers they will no longer receive emails unless they click the magic “Update my preferences” or “Yes, opt me in” button. When relying on consent as your legal basis for processing, the GDPR says the consent you obtain must be freely given, specific, informed, and unambiguous. For paying customers with whom there is a clear relationship then legitimate interest may suffice. In this e-commerce example, there is not a clear explanation of what the person is signing up for. What will happen to email list growth if silent opt-in becomes a silent opt-out? If subscribing to a newsletter is required in order to download a whitepaper, for example, then that consent is not freely given. Below are the top 5 email disclaimer examples we’ve created that you can use for GDPR email compliance. To send email marketing requires compliance with both PECR and GDPR. Persuasive copy is a good start to maximising opt-in under GDPR, but it won’t be enough to reverse the fortunes of list growth. But before I get into why and how to fix it with some GDPR consent examples, a little background is needed. He is particularly focussed on CX and email. This is a seasonal email campaign about Mother's Day, containing offers, discounts and gift ideas, but at the top of the email is a carbon copy of the repermissioning message, ultimatum and CTA buttons seen in the email example from The Galleria, shown earlier. Legitimate interest leaves some question marks: The attraction of affirmative consent is the clear cut nature. This email from Co-op is short, sweet and to the point. Silent or soft opt-in is not acceptable for GDPR consent. Use large fonts, draw people’s attention to the option with icons, arrows or other elements that attract and guide the eye. As such, responsibility for legal compliance for managing that user data is on you. LI provides a lawful basis for processing data without consent, but it must still satisfy GDPR criteria. GDPR Cookie Consent Example: H&M The retail website has a persistent cookie consent corner box that displays on all pages. Perks example. In the lead up to the GDPR compliance deadline on 25th May, many businesses are repermissioning their databases through email marketing campaigns. In version (5) the customer had to answer to complete the form, continuing with neither selected was not an option. The header "Your information is safe with us" is a powerful and reassuring one, especially coming from a charity. This example follows the structure of the GDPR and references features like 'legitimate interests'. It will be interesting to see if ‘no default’ basis of gaining consent becomes more common in the USA as brands unify approach or find that it’s a better method full stop. Generally speaking, consent is one of the six legal bases for processing user data. PECR for example applies to more than just personal data. One possible legal basis for processing personal data is the notion of ‘consent’, which the regulation reinforces1. These can go by different names. Note: Always consent a lawyer when deciding who to repermission, because ultimately GDPR is a legal challenge for businesses of all kinds. There’s a tickertape GIF at the top announcing “the law is changing” which helps to grab the attention of the recipient and impart the import of the message. Oh, and if you're ever looking for a nice place to stay in the New Forest, I highly recommend this place! The subject line is simple and clear – “The law is changing. As you’ve seen, you can use opt in checkboxes in a number of ways. In the case of (1) & (2) using unchecked boxes and simply changing the message sense, ‘notify’ to ‘do not notify’, meant the number of times consent is gained is halved. The ultimatum has added urgency, thanks to a deadline for responding presented to subscribers in bold text. Here’s just a few form examples. This is a very helpful approach for brands to consider when deciding if they need GDPR consent as their legal basis to store and process data. 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