Email Marketing Privacy Laws for EMEA / European Countries?

[Anonymous]

Hello Community,
 My firm currently has a reg form on our website, BUT we don't currently ask the lead to "Opt In" to receiving any emails. 

We're more concerned with what exactly qualifies as an "opt in" -- Do we need to offer people a checkbox to receive marketing emails from us? Or is the fact that people voluntarily give us their information in exchange for a download, enough to qualify as an opt-in?

The data we get is strictly used for internal profiling purposes so we can send out targeted marketing content. If a lead does provide a valid phone number, someone from the sales department will reach out to the lead. Lastly, we do give an option to unsubscribe from marketing emails as part of every email blast.

In totality, we're just trying to assess the level of liability we're taking on by not offering an opt-in checkbox on our registration form.

Does anyone know of a good legal firm in Europe we can reach out to, to get legal opinion on this?


Thanks!

Anurag

[Josh_Hill13]

You should review the discussions about CASL - the Canadian law as they are the most restrictive. If you want to be say (and I'm not a lawyer), my understanding is this:

1. Get explicit opt in. This means a form must have a check box to Opt In. 
2. Checkbox/radio may NOT be pre-checked.
3. have a subscription management page that offers people the option to Unsub or choose other email content.
4. time stamp each change to a person's preferences.
5. if possible, stamp the IP address used

I believe the EU is very similar to CASL in that you need explicit opt in.

So if someone just downloads from you and you did not say "expect an email" or ask to Opt In, then you do NOT have permission to send them a promo email of any type.

[Anonymous]

Thanks Josh! appreciate your help. Wasn't aware of CASL.

If anyone is still wondering -- I was finally able to get in touch with my legal counsel, and they said that as long as the asset is a proprietary product download (software download), you don't have to offer an opt-in checkbox. However, if it's anything OTHER than a proprietary product download (such as a whitepaper, webinar offering etc.) we have to have leads Opt in by offering some kind of checkbox/radio button.