Should Shopify checkout opt-in boxes for email marketing be pre-checked for GDPR and deliverability?
Michael Ko
Co-founder & CEO, Suped
Published 22 Jun 2025
Updated 17 Aug 2025
5 min read
The question of whether to pre-check email marketing opt-in boxes on the Shopify checkout page is a common dilemma. On one hand, pre-checking might seem like a way to maximize your email list growth, especially since many users might simply proceed with the default settings. On the other, it immediately brings up concerns about legal compliance, specifically with regulations like GDPR, and the potential impact on your email deliverability.
I've seen firsthand how Shopify's system works, where even a previously subscribed customer who leaves the box unchecked at checkout can be marked as opted out. This behavior raises valid questions about how to balance customer preference, legal obligations, and maintaining a healthy email program.
My goal is to explore this nuanced situation, providing insights into the best practices for handling email opt-ins at checkout to ensure compliance and robust email performance. It's a critical decision for any e-commerce business, directly affecting not just legal standing but also the effectiveness of marketing efforts.
Legal requirements for email consent
The core principle behind modern privacy regulations like the General Data Protection Regulation (GDPR) in Europe, Canada's Anti-Spam Legislation (CASL), and the Telephone Consumer Protection Act (TCPA) in the US (especially for SMS consent) is explicit consent. This means individuals must actively agree to receive marketing communications. Pre-checked boxes fundamentally contradict this principle.
GDPR and pre-checked boxes: A clear no-go
Under GDPR, consent must be freely given, specific, informed, and unambiguous. This explicitly rules out pre-checked boxes or any form of implied consent for marketing emails. A consumer must actively check the box, demonstrating a clear affirmative action.
Ignoring this can lead to significant penalties, especially for businesses operating or targeting customers in the EU. For more details on its impact, review what GDPR did for email marketing. Most authoritative sources confirm that pre-checked boxes are not compliant with GDPR, as explained by MailerLite.
The consensus among legal and compliance experts is clear: if you are subject to GDPR, CASL, or similar stringent privacy laws, the opt-in box for marketing communications at checkout should always be unchecked by default. This ensures you obtain verifiable, explicit consent, which is crucial for legal protection.
Deliverability and sender reputation
While legal compliance is paramount, the impact on email deliverability is equally significant. Sending emails to individuals who haven't explicitly opted in, even if they've made a purchase, can negatively affect your sender reputation. A higher volume of emails sent to uninterested recipients often leads to increased spam complaints, bounces, and ultimately, your emails landing in the spam folder or being rejected outright. This is why explicit consent is a best practice, regardless of legal requirements.
Pre-checked opt-in
Risk of Legal issues: Violates GDPR, CASL, and similar regulations requiring explicit consent.
Higher Spam complaints: Users who didn't actively consent are more likely to mark your emails as spam.
Lower Engagement rates: Fewer opens and clicks from disengaged subscribers.
Ensures Compliance: Adheres to strict privacy laws like GDPR.
Reduces Spam complaints: Only engaged users will subscribe.
Higher Engagement rates: Leads to better inbox placement and overall ROI. Improve deliverability by reading Why your emails go to spam.
Boosts Sender reputation: Email Service Providers (ESPs) favor senders with good engagement.
Even for transactional emails (e.g., order confirmations), direct marketing emails may only be sent with prior consent. While you may have a 'sustainable customer relationship' after a purchase, this typically applies to essential communications related to the transaction itself, not general marketing. Obtaining explicit consent ensures a clean list and reduces the likelihood of being placed on an email blocklist (or blacklist) due to unwanted mail.
Shopify's checkout logic
A notable aspect of Shopify's checkout process, as highlighted in merchant discussions, is how it handles marketing consent. If the email marketing consent option is not selected at checkout, the customer will be unsubscribed from email marketing, even if they were previously subscribed. Conversely, if a customer is not identified until checkout and leaves the box unchecked, they are added as non-subscribed.
This behavior prioritizes the customer's most recent action at checkout as their definitive marketing preference. While this empowers customers, it can be problematic for merchants adhering to strict consent laws that prohibit pre-checked boxes. If the default is unchecked to be compliant, then many previously subscribed customers might inadvertently get unsubscribed, which means a loss of potentially valuable contacts.
Some users have reported Shopify's support suggesting merchants enable the 'Preselected' setting. While this might retain more subscribers, it directly conflicts with GDPR's explicit consent requirement. Shopify itself acknowledges that GDPR compliance requires the option to be unchecked. This creates a difficult situation for businesses trying to balance list growth with legal adherence.
Finding the balance: Legal compliance vs. business goals
The tension between maximizing list size and ensuring strict compliance is a common challenge. While pre-checking the box might lead to a larger initial list, the quality of these subscribers will likely be lower, resulting in diminished engagement and increased deliverability issues. For merchants primarily serving markets with strict consent laws, opting for unchecked boxes is the safer, more responsible approach.
Clear Language: Make it obvious what the user is opting into.
Incentivize Opt-in: Offer discounts, exclusive content, or early access for subscribing.
Consider Double opt-in: While not always legally required, it's a deliverability best practice to confirm intent. Learn more about when double opt-in is necessary.
A strong email program thrives on quality, not just quantity. Focusing on genuinely interested subscribers reduces your spam complaint rates and improves your overall sender reputation. This proactive approach helps avoid email blocklists (or blacklists) and ensures your marketing messages reach the inbox of those who want to receive them.
Views from the trenches
Best practices
Always prioritize explicit consent to build a high-quality, engaged email list.
Make the unsubscribe process very easy and visible for all subscribers.
Use clear, unambiguous language for all consent requests to avoid confusion.
Segment your audience based on their engagement to maintain a healthy sender reputation.
Common pitfalls
Relying on pre-checked boxes that violate GDPR and other privacy regulations.
Assuming implied consent for marketing emails after a transactional purchase.
Failing to monitor deliverability metrics like spam complaints and engagement rates.
Not clearly communicating the purpose of email collection at the point of opt-in.
Expert tips
Even if not legally required, double opt-in can significantly improve list quality and reduce spam complaints.
A small, highly engaged list is far more valuable than a large, disengaged one.
Regularly clean your email list to remove inactive subscribers and maintain deliverability.
Educate your customers on why they should opt in to receive valuable communications.
Marketer view
Marketer from Email Geeks says: I just had this conversation with a client, and we opted to keep the box pre-checked based on Shopify's recommendation, arguing that customers purchasing from us might expect marketing emails, and we make unsubscribing very easy.
December 2023 - Email Geeks
Marketer view
Marketer from Email Geeks says: I personally uncheck boxes if I'm already subscribed or don't want more emails, assuming I don't need to check it again. Shopify's logic feels counterintuitive.
December 2023 - Email Geeks
Prioritizing long-term email success
The decision to pre-check or not pre-check the email marketing opt-in box on Shopify's checkout page ultimately boils down to a fundamental choice: short-term list growth versus long-term legal compliance and deliverability health. While pre-checking might seem attractive for immediate subscriber numbers, it carries significant risks related to privacy laws and sender reputation. Opting for explicit, active consent by leaving the box unchecked is the most legally sound and deliverability-friendly approach.
The question of whether to pre-check email marketing opt-in boxes on the Shopify checkout page is a common dilemma. On one hand, pre-checking might seem like a way to maximize your email list growth, especially since many users might simply proceed with the default settings. On the other, it immediately brings up concerns about legal compliance, specifically with regulations like GDPR, and the potential impact on your email deliverability.
