Summary
Managing marketing consent for free and paid subscription users across the US, EU, and Canada requires a multi-layered approach considering regional laws like GDPR (EU), CASL (Canada), and CAN-SPAM (US). Explicit consent, ideally through double opt-in at signup, is recommended for all users to comply with stringent regulations like GDPR. CASL mandates express consent with limited implied consent exceptions and imposes a two-year limit on implied consent. The US, under CAN-SPAM, regulates commercial emails without federal consent laws. Segmenting email lists by region and consent status is vital. CMPs can manage regional differences. Initial welcome emails seeking consent might violate CASL. Verification of email addresses, especially for free users, is crucial. For existing users, re-permission campaigns can regain consent. Transparency in data collection, easy unsubscribe options, and keeping records of consent are essential. GDPR demands a lawful basis for processing data with clear user consent rights.
Key findings
- Regional Law Variance: GDPR requires explicit consent in the EU, CASL requires express consent in Canada, while the US (CAN-SPAM) has no federal consent law, but regulates commercial emails.
- Explicit Consent Importance: Obtaining explicit consent, ideally via double opt-in, is the safest route to compliance, especially with GDPR and CASL.
- Segmentation Necessity: Segmenting lists based on region and consent status enables tailored email campaigns adhering to local laws.
- CMP Benefit: Consent Management Platforms (CMPs) can help navigate differing regional consent requirements.
- CASL Implied Consent Limits: CASL has a two-year time limit on implied consent, requiring express consent after that period.
- Transparency and Accessibility: Transparent data collection practices, clear privacy policies, and easily accessible unsubscribe options are crucial.
Key considerations
- Double Opt-in Implementation: Use double opt-in processes, particularly for EU subscribers, to ensure explicit and verifiable consent.
- Clear Consent Options: Provide clear, granular consent options so users can specify the types of emails they want to receive.
- Consent Record Maintenance: Maintain thorough records of user consent, including when, how, and why it was obtained.
- Regional Compliance Strategy: Develop a clear strategy for complying with the specific consent requirements of GDPR, CASL, and CAN-SPAM.
- Re-permission Campaigns for Existing Users: Implement re-permission campaigns to ensure ongoing consent from existing users, particularly regarding the CASL two-year implied consent rule.
- Verify Email Addresses: Employ email verification processes, especially for free users, to ensure deliverability and compliance.
What email marketers say
7 marketer opinions
Managing marketing consent for free and paid subscription users across different regions (US, EU, Canada) requires a multifaceted approach. A common recommendation is to obtain explicit consent, ideally through double opt-in, at signup for both free and paid users to ensure compliance with GDPR, CASL, and CAN-SPAM. Segmentation based on region and consent status is crucial, allowing for tailored email campaigns that adhere to local regulations. Consent Management Platforms (CMPs) can help manage these regional differences. For existing users, re-permission campaigns can help regain consent. Transparency in data collection practices and easy unsubscribe options are also essential.
Key opinions
- Explicit Consent: Obtaining explicit consent, often via double opt-in, is crucial for compliance, especially in regions like the EU and Canada.
- Regional Segmentation: Segmenting email lists based on geographic region and consent status is necessary to comply with varying regulations.
- CMP Usage: Consent Management Platforms (CMPs) can streamline the process of managing consent across different regions.
- Re-permission Campaigns: For existing users, re-permission campaigns are an effective way to regain consent.
- Transparency: Clearly state the purpose of data collection to users, as well as having transparent privacy policies.
Key considerations
- Double Opt-in: Implement a double opt-in process to confirm user consent, particularly for EU subscribers.
- Granular Consent: Offer clear and granular consent options, allowing users to specify the types of emails they wish to receive.
- Record Keeping: Maintain detailed records of user consent, including when and how it was obtained.
- Easy Unsubscribe: Provide an easy and accessible unsubscribe option in every email.
- CASL Implied Consent: Remember that under CASL, implied consent has a time limit. Re-permission is needed after that time.
Marketer view
Email marketer from ActiveCampaign recommends obtaining explicit consent at signup for both free and paid users to ensure compliance across regions. They suggest using double opt-in and clearly explaining the types of emails users will receive. For users who don't initially provide consent, they propose a follow-up email asking for it.
5 Oct 2022 - ActiveCampaign
Marketer view
Email marketer from Sendinblue mentions to segment your audience based on location, preferences and consent status, and create different email campaigns for each segment. This ensures that users only receive emails that they have consented to receive.
29 Aug 2024 - Sendinblue
What the experts say
7 expert opinions
Managing marketing consent across the US, EU, and Canada requires understanding regional specific regulations such as CASL and GDPR. Sending initial welcome emails and requesting consent might not be allowed under CASL, but is fine in the US. Verification of email addresses is crucial, especially for free users. If adhering to only one region's laws, follow CASL rules. Under CASL, you can mail customers for two years after a purchase (implicit consent), and you can ask for explicit consent during those two years. For free service users under CASL, you must collect consent at signup to send any mail. Under CASL, implied consent has a time limit, necessitating express consent after two years of inactivity. GDPR requires explicit consent, meaning free opt-in for EU users. Implement double opt-in, keep consent records, and ensure transparent privacy policies.
Key opinions
- CASL Initial Contact: Sending an initial welcome email and asking for consent may violate CASL.
- Email Verification: Verifying email addresses, especially for free users, is a critical step.
- Follow CASL: Adhering to CASL is safest if you can only comply with one region's laws.
- CASL Implied Consent: Under CASL, you have two years of implied consent after a purchase to mail and request consent.
- CASL Consent for Free Users: Under CASL, collect consent at signup for free service users to send any mail.
- CASL Consent Time Limit: Under CASL, implied consent has a two-year time limit. After that, you need explicit consent.
- GDPR Explicit Consent: GDPR requires explicit consent, with free opt-in for EU users.
Key considerations
- CASL Compliance: Understand and comply with CASL regulations, especially regarding consent time limits and initial contact.
- GDPR Compliance: Ensure your signup process meets GDPR's requirements for explicit consent and free opt-in.
- Double Opt-in: Implement double opt-in for EU users to meet GDPR’s explicit consent requirements.
- Consent Records: Maintain detailed records of when, how, and from whom consent was obtained.
- Privacy Policies: Ensure transparent and accessible privacy policies that clearly outline data collection and usage practices.
- Segmentation: Segment your audience based on location, preferences and consent status, and create different email campaigns for each segment.
Expert view
Expert from Spam Resource explains that under CASL (Canadian anti-spam law), implied consent has a time limit. If a customer hasn't engaged in two years you need to get express consent to continue sending commercial emails. Further, consent should be freely given and not bundled as a condition of service.
11 Dec 2022 - Spam Resource
Expert view
Expert from Word to the Wise explains that GDPR requires explicit consent, which includes free opt-in for the user. This means you need to ensure your email signup process meets these guidelines for EU residents. Implement double opt-in, keep records of consent, and provide transparent privacy policies.
25 Feb 2024 - Word to the Wise
What the documentation says
4 technical articles
Managing marketing consent for free and paid subscription users across different regions necessitates adherence to regional-specific laws. GDPR in the EU mandates explicit consent, while CASL in Canada requires express consent for sending commercial electronic messages, with certain exceptions for implied consent through existing business relationships. The US does not have federal consent laws but follows the CAN-SPAM Act, regulating commercial emails. All sources emphasize the importance of keeping records of consent. Lawful basis is required for processing personal data under GDPR, including freely given, specific, informed, and unambiguous consent with the right to withdraw at any time. CAN-SPAM mandates clear identification of advertisements, providing a physical postal address, offering an easy opt-out method, and honoring opt-out requests promptly.
Key findings
- GDPR: Explicit Consent: The EU's GDPR requires explicit consent for marketing emails.
- CASL: Express Consent: Canada's CASL requires express consent for commercial electronic messages, with some implied consent exceptions.
- US: CAN-SPAM: The US follows the CAN-SPAM Act, regulating commercial emails but not mandating consent.
- Record Keeping: All regions emphasize the importance of keeping detailed records of consent.
- Right to Withdraw: Under GDPR, users have the right to withdraw consent at any time.
Key considerations
- Regional Laws: Comply with the specific consent requirements of each region (GDPR, CASL, CAN-SPAM).
- Lawful Basis: Under GDPR, establish a lawful basis for processing personal data, including freely given, specific, informed, and unambiguous consent.
- Opt-out Compliance: Adhere to CAN-SPAM requirements by providing clear identification as an advertisement, offering a physical postal address, and honoring opt-out requests.
- Clear CEM Identification: Ensure commercial electronic messages adhere to CASL requirements, outlining required information in a consent request.
- Consent Mechanism Tailoring: Tailor consent mechanisms to align with region-specific legal requirements and best practices.
Technical article
Documentation from the FTC outlines the main requirements of the CAN-SPAM Act, including not using deceptive subject lines, clearly identifying the message as an advertisement, providing a physical postal address, and giving recipients an easy way to opt out of receiving future emails. Honor opt-out requests promptly.
7 Jul 2024 - Federal Trade Commission
Technical article
Documentation from the CRTC explains that CASL requires express consent for sending commercial electronic messages (CEMs). It also details exceptions, such as implied consent based on existing business relationships, and outlines the required information in a consent request. They note the importance of keeping records of consent.
13 Apr 2025 - CRTC
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