Across various expert opinions, documentation, and email marketing practices, it's consistently emphasized that no specific country mandates double opt-in (DOI) by law. However, the General Data Protection Regulation (GDPR) necessitates verifiable consent, making DOI a 'gold standard' and, for practical purposes, a de facto requirement for those wishing to adhere to best practices, especially when engaging with EU residents. Although Germany does not explicitly require DOI, it has court precedents that indirectly pressure its adoption. Cultural differences also play a role in the stringency of enforcement. Implementing DOI is strongly advised for reasons such as maintaining list hygiene, improving deliverability, mitigating subscription bombing, providing an audit trail, preventing bots and malicious sign-ups, and avoiding being flagged as spam. Therefore, while not a strict legal necessity everywhere, DOI is strategically critical when targeting regions with strict data protection regulations, especially the EU, and is considered a universally endorsed best practice.
10 marketer opinions
While no specific country explicitly mandates double opt-in (DOI) for email marketing, it is strongly recommended, particularly when contacting EU citizens under the General Data Protection Regulation (GDPR). GDPR emphasizes verifiable consent, and DOI is considered one of the most convenient and effective methods to achieve and prove it. Cultural differences exist, impacting how strictly consent is enforced, but DOI is generally seen as a best practice to avoid problems, set expectations, maintain list hygiene, improve deliverability, and avoid being flagged as spam. Though not a legal requirement everywhere, it's strategically beneficial when targeting regions with stringent privacy laws like those within the EU.
Marketer view
Email marketer from Litmus outlines that while specific laws demanding double opt-in are scarce, the GDPR framework across the EU elevates the standard for consent. Therefore, they advise taking a stricter approach to compliance by implementing double opt-in. The article also highlights the importance of keeping up with different international compliance laws for email marketing and they list CAN-SPAM in the US, CASL in Canada, and the GDPR in Europe.
4 Feb 2025 - Litmus
Marketer view
Email marketer from Campaign Monitor shares that while GDPR doesn't say 'you must use double opt-in,' it does say you need verifiable consent. The easiest way to prove consent is double opt-in. They suggest implementing double opt-in for all EU subscribers.
18 Aug 2021 - Campaign Monitor
7 expert opinions
Experts agree that no country explicitly legislates double opt-in (DOI) for email marketing. However, the GDPR requires verifiable consent, making DOI a 'gold standard' and practically a de facto requirement for best practices with EU residents. Germany has court precedents related to DOI, adding further pressure. While not a strict legal mandate everywhere, implementing DOI is considered a best practice for maintaining list hygiene, improving deliverability, mitigating subscription bombing, providing an audit trail, and preventing bots and malicious signups. Sending emails that people want and expect to receive is fundamental, and DOI is a tool for ensuring this.
Expert view
Expert from Email Geeks states that sending email people want to receive and expect to receive is best practice, and COI is one tool for ensuring that. He also notes it mitigates subscription bombing and provides an audit trail.
30 Mar 2025 - Email Geeks
Expert view
Expert from Word to the Wise explains that no country explicitly requires double opt-in, but the GDPR necessitates verifiable consent, making double opt-in the gold standard. It strongly implies that, for EU residents, double opt-in is a defacto requirement for those wishing to follow best practice.
19 Aug 2023 - Word to the Wise
4 technical articles
Documentation from various sources emphasizes that while GDPR doesn't explicitly mandate double opt-in (DOI), it requires verifiable consent. DOI provides a robust method for demonstrating that consent was freely given, specific, informed, and unambiguous. It also provides a clear record of consent for compliance purposes, minimizes the risk of bots and spam accounts, and enhances audience quality. Consent needs to be a positive opt-in, and organizations must offer genuine choice and clear information. Double opt-in is an excellent way to show explicit consent, especially when using a GDPR-compliant form.
Technical article
Documentation from Klaviyo states that you must have consent to send marketing emails and SMS to EU citizens. Klaviyo explains that double opt-in is an excellent way to show you have explicit consent and recommends having a GDPR-compliant form to obtain consent.
11 Apr 2024 - Klaviyo
Technical article
Documentation from GDPR.eu explains that GDPR requires verifiable consent which means organizations need to keep records of how and when individuals gave consent. Double opt-in provides a robust way to demonstrate this consent was freely given, specific, informed, and unambiguous.
5 Feb 2024 - GDPR.eu
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