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GDPR: Opt in box for already subscribed persons?

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GDPR: Opt in box for already subscribed persons?

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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Marketo Employee

Re: GDPR: Opt in box for already subscribed persons?

Hey Michael Florin ,

For US - "Opt out" is the only thing you absolutely need to make sure which should be present in the emails. So you do not "Need/require" to have an opt in box for forms for US. In EU, the opt-in box is mandatory in forms and you most certainly cannot leave it pre-checked.

pastedImage_1.png- When you say, leads who have subscribes to list, are you referring that these leads have opted in for all sorts of communication? There are several ways you can tackle this. The below given discussion threads might help.

Managing email opt-in on subsequent form visits - Check out Dan Stevens response here (snapshot below)

pastedImage_5.png

Other useful threads which are worth a read are

Opt-In Checkbox Strategy

Legality of 'forced opt-in' in EU?

Hope this helps!

Best Always,

Karan Hari

View solution in original post

3 REPLIES 3
Marketo Employee

Re: GDPR: Opt in box for already subscribed persons?

Hey Michael Florin ,

For US - "Opt out" is the only thing you absolutely need to make sure which should be present in the emails. So you do not "Need/require" to have an opt in box for forms for US. In EU, the opt-in box is mandatory in forms and you most certainly cannot leave it pre-checked.

pastedImage_1.png- When you say, leads who have subscribes to list, are you referring that these leads have opted in for all sorts of communication? There are several ways you can tackle this. The below given discussion threads might help.

Managing email opt-in on subsequent form visits - Check out Dan Stevens response here (snapshot below)

pastedImage_5.png

Other useful threads which are worth a read are

Opt-In Checkbox Strategy

Legality of 'forced opt-in' in EU?

Hope this helps!

Best Always,

Karan Hari

View solution in original post

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Re: GDPR: Opt in box for already subscribed persons?

Thank you, Karan, that is an immensely helpful response!

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Marketo Employee

Re: GDPR: Opt in box for already subscribed persons?

Most Welcome Michael Florin

Best Always,

Karan Hari