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GDPR: Opt in box for already subscribed persons?

Question asked by Michael Florin on Apr 23, 2019
Latest reply on Apr 23, 2019 by Karan Hari

Hello everybody,

 

I am struggling with one specific aspect of GDPR: Do I need to present an opt-in checkbox to persons who are already subscribed to my list?

 

Some additional thoughts around that question: I understand that I should not display an opt-in checkbox that is already pre-checked for consent. Definitely not in the EU, but most likely also not in the US (is that true?). Which means I have to disable form pre-fill for that field. So if I present the box, it needs to be unchecked. If a person submits the form with the opt-in box unchecked, I have to unsubscribe them, right? Now I have the strong feeling that many persons who submit the form with unchecked box actually did not intend to become unsubscribed.

 

In that scenario - an email send to already subscribed persons, where the link on the email points to a landing page with a form - can I hide the opt in box? In the US? In the EU? I have googled this issue for quite a while and also read a lot of instructions here, but I haven't found a definitive answer yet.

 

Thanks!

Michael

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