How long does email consent last, and what are the rules?

Key findings

• Legal variations: Consent rules are highly dependent on geographical location, with strict regulations like GDPR in Europe and CASL in Canada differing from the less prescriptive CAN-SPAM Act in the US.
• Implied consent duration: Under CASL, implied consent typically lasts two years from the last interaction or six months for an inquiry. This contrasts with explicit consent, which generally does not expire but can be revoked. For more on implied consent, see how long implied consent is valid.
• Opt-out requirements: Regardless of consent type, all commercial emails must include a clear and conspicuous unsubscribe mechanism. Opt-out requests must be honored promptly (e.g., within 10 business days under CAN-SPAM).
• Record keeping: It is essential to maintain records of consent, including when and how it was obtained, to demonstrate compliance if ever questioned.
• Deliverability impact: Sending to recipients without current, valid consent can lead to high spam complaints, reduced sender reputation, and potential blacklisting (or blocklisting) by internet service providers (ISPs).

Key considerations

• Regular re-engagement: Even with explicit consent, regularly re-engaging your subscribers and confirming their continued interest can prevent them from becoming inactive, which can impact your deliverability negatively. Consider managing marketing consent across regions.
• Clear communication: Always be transparent about what subscribers are signing up for and how often they will receive emails. This sets expectations and reduces complaints.
• Unsubscribe process: Ensure your unsubscribe process is simple, prominent, and functions reliably. The FTC provides compliance guides for businesses, including detailed information on the CAN-SPAM Act.
• Auditing lists: Regularly audit your email lists to remove inactive subscribers or those for whom consent may have expired. This proactive approach helps maintain list hygiene and improves deliverability.

Key opinions

• Quality over quantity: Marketers frequently emphasize that a smaller list of highly engaged, explicitly consented subscribers is more valuable than a large list with questionable consent.
• Implied consent risks: There's a general understanding that relying heavily on implied consent, especially for long periods, is risky and can lead to increased spam complaints and deliverability issues.
• User experience focus: Many marketers believe that a positive user experience, including clear consent and easy unsubscribe options, is key to long-term success, as highlighted in best practices for email marketing consent.
• Adaptation to changes: Marketers must stay agile and adapt their consent practices to evolving legal landscapes and ISP requirements to maintain deliverability.

Key considerations

• List hygiene: Regularly cleaning email lists and removing inactive subscribers or those who haven't engaged in a significant period is vital for maintaining good sender reputation. Consider how long to keep inactive email addresses.
• Clear opt-in methods: Implementing clear and unambiguous opt-in processes (e.g., confirmed opt-in) can help solidify consent and reduce future issues. Evaluate whether COI/DOI opt-in is still relevant.
• Documentation: Maintain robust records of consent, including timestamps and methods, to prove compliance if needed.
• Segmenting by consent type: Consider segmenting your email lists based on explicit versus implied consent to tailor communication strategies and manage consent expiration more effectively.

Key opinions

• Consent decay: Experts agree that consent can 'decay' over time, especially if there's no ongoing engagement. Even if legally valid, sending to disengaged subscribers harms reputation.
• Proving consent: The burden of proof for consent lies with the sender. Robust record-keeping is non-negotiable for compliance and avoiding consequences like blocklist listings.
• Reputation is paramount: Maintaining a strong sender reputation is often cited as more important than adhering to minimal legal requirements, as ISPs prioritize engagement and complaint rates. Learn more in our guide on understanding your email domain reputation.
• Global considerations: Experts advise a global compliance strategy, adhering to the strictest applicable laws (e.g., GDPR, CASL) even if your primary audience is in a less regulated region like the US. L-Soft provides insights on opt-in and privacy laws.

Key considerations

• Ongoing consent validation: Implement strategies to periodically re-confirm consent for long-term subscribers, especially if their engagement wanes.
• Zero-tolerance for misrepresentation: Never attempt to justify sending emails with false claims of consent, such as non-existent sign-up forms. This severely damages trust.
• Timely unsubscribe processing: Ensure that unsubscribe requests are processed immediately and reliably to avoid further complaints and potential penalties. Delays can lead to subscribers marking your emails as spam.
• Internal education: Educate all marketing and sales staff on proper consent practices, as staff changes can lead to lapses in compliance and poor list management.

Key findings

• CAN-SPAM Act: Requires a clear and conspicuous way to opt-out, and requests must be honored within 10 business days. The opt-out mechanism must remain active for at least 30 days after the email is sent.
• CASL (Canada's Anti-Spam Legislation): Generally requires express consent for commercial electronic messages (CEMs). Implied consent has specific time limits (e.g., two years from a business relationship or six months from an inquiry).
• GDPR (General Data Protection Regulation): Demands explicit, informed, unambiguous, and freely given consent for processing personal data, including for marketing. Consent can be withdrawn at any time. More details can be found in the GDPR's guidance on how it affects email.
• Record-keeping: Many regulations stipulate that senders must be able to prove consent was obtained, often requiring records of time, method, and specific terms agreed to.

Key considerations

• Unsubscribe mechanism: Documentation consistently emphasizes the need for a clear, accessible, and functional unsubscribe link in every commercial email. See CAN-SPAM and CASL unsubscribe requirements.
• Honoring opt-outs: Compliance requires timely removal of subscribers upon request. Penalties for non-compliance with opt-out rules can be substantial.
• Pre-checked boxes: Most strict regulations prohibit pre-checked consent boxes; consent must be an affirmative action.
• One-click unsubscribe: Emerging standards and best practices, like those from Google and Yahoo, increasingly push for simple, one-click unsubscribe options to enhance user control and reduce spam complaints. Explore requirements for one-click unsubscribe.