Summary
The duration of implied consent after a content download varies, influenced by regional laws and interpretations. While sources like CRTC and some marketers suggest a 6-24 month window, GDPR emphasizes explicit consent, rendering implied consent less reliable. Experts generally recommend proactively obtaining explicit consent through methods like checkboxes or follow-up emails. Reliance solely on implied consent is viewed as risky, highlighting the need for transparent data collection practices and adherence to evolving regulations.
Key findings
- Variable Timeframes: Implied consent duration ranges from 6-24 months, contingent on jurisdiction and interpretation.
- GDPR Emphasis: GDPR prioritizes explicit, informed consent, making implied consent a less secure foundation.
- Explicit Consent Best Practice: Obtaining explicit consent proactively is widely recommended for email marketing.
- CRTC Guidelines: The CRTC guidelines suggest the action of filling a form to download a paper could be interpreted as explicit consent.
Key considerations
- Regulatory Compliance: Staying informed about regional regulations (e.g., CASL, GDPR, Australian Privacy Principles) is essential.
- Consent Collection Methods: Implement clear and documented consent collection methods to demonstrate compliance.
- Risk Management: Minimize risks by transitioning towards explicit consent and avoiding sole dependence on implied consent.
- Transparency: Maintaining transparency in data collection and usage builds trust and supports ethical marketing practices.
What email marketers say
8 marketer opinions
The validity of implied consent for opt-in emails after a content download varies, with estimates ranging from 6 months to 2 years depending on the jurisdiction and specific regulations (e.g., CASL). Several sources recommend obtaining explicit consent as soon as possible, either through a checkbox on the download form or a follow-up email, to ensure ongoing compliance and a stronger subscriber relationship. Relying solely on implied consent carries risks, and proactive transition to explicit consent is generally advised.
Key opinions
- Timeframe Variation: Implied consent validity ranges from 6 months to 2 years based on jurisdiction and interpretation.
- CRTC Guidelines: Filling out a form with a whitepaper download might constitute explicit consent according to CRTC guidelines.
- Explicit Consent Priority: Most sources emphasize obtaining explicit consent for long-term email marketing.
- Relevance Requirement: Communication under implied consent should be relevant to the downloaded content.
Key considerations
- Jurisdictional Differences: Consent regulations vary by region (e.g., CASL, GDPR), requiring tailored strategies.
- Explicit Consent Methods: Implement clear methods to obtain explicit consent, such as checkboxes or follow-up emails.
- Risk Mitigation: Relying only on implied consent carries legal and compliance risks.
- Subscriber Relationship: Explicit consent fosters a stronger and more transparent relationship with subscribers.
Marketer view
Email marketer from HubSpot Blog explains that implied consent, obtained from a form submission for a content download, generally lasts for two years. It's recommended to obtain explicit consent for long-term engagement.
13 Nov 2022 - HubSpot Blog
Marketer view
Email marketer from ConvertKit Blog explains to think of implied consent as a short-term 'pass' to communicate about very relevant topics related to the content downloaded. They strongly suggest transitioning subscribers to explicit consent as soon as possible.
2 Mar 2022 - ConvertKit Blog
What the experts say
3 expert opinions
Experts generally agree on the importance of obtaining and documenting explicit consent for email marketing. One expert states implied consent can be valid for 24 months, while others emphasize proactive affirmative consent collection is a best practice. Focusing on clear and informed consent, as well as documenting that consent, is key, particularly under GDPR.
Key opinions
- Implied Consent Duration: Implied consent can be valid for up to 24 months.
- Documented Affirmative Consent: Collecting and documenting affirmative consent is crucial for compliance and clarity.
- Informed Consent: Informed consent requires a clear description of why information is requested and clear instructions for the user.
- GDPR Documentation: GDPR mandates the documentation of consent.
Key considerations
- Consent System: Implement a system to request and store consent to avoid sending unsolicited emails.
- Documentation Importance: Maintain records of consent to demonstrate compliance, especially in light of regulations like GDPR.
- Proactive Approach: Prioritize obtaining explicit consent over relying solely on implied consent.
Expert view
Expert from Spam Resource explains collecting affirmative consent and keeping proof allows you to be clear you have permission. They explain that for non-transactional messages, you must be able to document that someone explicitly requested the emails. A good tip is to create a system to make a consent request and store the response to ensure you aren't sending unsolicited emails.
18 Mar 2025 - Spam Resource
Expert view
Expert from Email Geeks explains explicit consent requires certain information be on the form, but you likely have a valid implied consent which is good for 24 months.
11 May 2025 - Email Geeks
What the documentation says
4 technical articles
Legal documentation from various regions provides differing perspectives on implied consent validity. Canadian law (CRTC) allows for 24 months of implied consent after a transaction like a content download. GDPR (EU and UK) emphasizes explicit, informed consent, making implied consent less reliable and requiring active opt-ins. Australian law also recognizes implied consent but stresses its limited duration and the need for regular explicit consent requests. Overall, relying solely on implied consent is risky and proactive consent strategies are recommended, especially within GDPR jurisdictions.
Key findings
- CRTC 24-Month Rule: Canadian regulations (CRTC) grant a 24-month window for implied consent after a business transaction.
- GDPR Emphasis on Explicit Consent: GDPR prioritizes explicit, informed consent, undermining the validity of implied consent alone.
- Australian Law on Implied Consent: Australian law recognizes implied consent but emphasizes its impermanence and the need for explicit consent.
- Proactive Consent Recommended: Legal documentation across regions advises against sole reliance on implied consent.
Key considerations
- GDPR Compliance: Ensure explicit, freely given, and informed consent for GDPR compliance.
- Consent Refreshment: Regularly refresh consent, particularly in dynamic regulatory environments.
- Regional Laws: Adapt consent strategies based on specific legal requirements in each jurisdiction.
- Transparency: Data collection and usage should be transparent to users.
Technical article
Documentation from GDPR.EU explains under GDPR, consent must be freely given, specific, informed, and unambiguous, which generally requires an active opt-in (explicit consent). The length of consent validity depends on the context but emphasizes regular refreshment of consent, rendering reliance solely on 'implied consent' risky.
7 Feb 2022 - gdpr.eu
Technical article
Documentation from crtc.gc.ca explains that implied consent lasts for 24 months after a business transaction, which includes downloading content or requesting information. If no action is taken within those 24 months, express consent needs to be obtained.
13 Oct 2023 - crtc.gc.ca
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