Express Opt-In Checkbox on Forms - CASL Compliance

[Ande_Kempf4]

Hello! I was wondering how you guys were handling a certain operating procedure for getting expressed opt-in for Canadian prospects. In my understanding, if you are obtaining expressed opt-in on the forms of your site, the opt-in question must be unchecked.

However, if the expressed opt-in question must remain unchecked at all times regardless if the prospect is a returning visitor who already has expressed opt-in, then doesn't that continuously allow prospects the opportunity to opt-in/out?

Let me know if I am wrong! If not, how are you getting around this? I was discussing with a colleague the possibility of creating a temp "Express Opt-in" field on forms thats purpose would be to only update the records real "expressed opt-in" if it is not yet marked, TRUE.

OR use progressive profiling for the Express Opt-In field on the forms. That way the Opt-In field is removed once it is filled out. However, I can imagine ways in which this could get messy. And to my knowledge, the expressed opt-in field is required to be on forms at all times. Again, let me know if I am wrong.

[Julz_James]

I would leave the checkbox unticked on all forms, but have a field that date stamps when the check box was originally checked.  As long as you have proof of when they first opt'd in, you can continue to email them until they then opt-out as far as I'm aware.

I don't think they have to opt in each time they fill in the form?

Thanks

Julz

[Dory_Viscoglio]

I'd go the route of only showing the box if they weren't opted in. Once they're opted in, you aren't changing their preference by them filling out a new form, so I don't think it needs to be included on every form. Also, if they fill out a form with the checkbox and don't check it, that could get more messy as far as feeling like they've "opted out" or at least not opted in.

[Ande_Kempf4]

You and Juli James are both probably right that the checkbox can be hidden is the value is not null.

[Grégoire_Miche2]

Hi Dory,

I am not a specialist of the Canadian law, but in Europe, no Opt-in = Opt-out.

Also, there is no simple way to hide the optin field is the person is opt-in. You will have to go through either some JS dev or dynamic content. Dynamic content, in large teams, is error prone (sooner or later, someone will forget to set it), therefore, I would go for a custom JS that hides the opt-in field.

We also have to check whether or not you are supposed to ask for content each time someone fills out a form.

-Greg

[Dory_Viscoglio]

Yeah, I'm not sure of the exact law, but I think we're saying the same thing... only add the checkbox when you want them to have the option to opt in or out.

But I agree with Dan, it's relatively simple to have the field only show if someone is not currently opted in.

I love that we're having all of these discussions! Now, if I could only get our web team to add these checkboxes to our forms... Apparently it's coming with our new website rollout. Until then, we're very limited in terms of how we're able to get express consent from people who request content from us 😕

[Grégoire_Miche2]

Hi Dory,

Have them remember that the GDPR comes to live in the EU. It is extra-territorial, meaning it applies to every company that does business in the EU, wherever their HQ are located. and the penalties are huge.

Some of EU countries such as France or GB (although GB will leave the EU, the GDPR will come to application before their leaving, ) were under the opt-out rule for B2B until now. Now marketers in these countries have to start opt-in in all their database before the cut-off (end of april 2018). After that date, all their non-opt-in DB will become unmarketable. I expect these companies to lose between 70% and 80% of their DB (for the best ones). The ones that do nothing about it will lose 100% of it.

-Greg

[Dory_Viscoglio]

Well, these nightmares should hold me over for at least the next month That'll be the next thing I tackle.

[Dan_Stevens_ · Accepted solution]

Hi Ande - When forms are used on Marketo LPs, we only show the opt-in checkbox if they've never opted in before - using visibility rules (every time someone opts in, we also capture opt-in date and opt-in program for auditing purposes):

We also have a series of smart campaigns that handle our opt-in process:

And if the form is embedded on a non-Marketo LP (which is most, in our case), we have a smart campaign that keeps them opted in:

[Grégoire_Miche2]

Nice one, Dan!

-Greg