7 Opt-in Myths You Shouldn’t Believe to Be True
We cut through the noise and set the record straight on newsletter opt-ins to make sure your email marketing doesn't get a rude awakening.
Once upon a time, on May 25, 2018, GDPR started to strike terror into people’s hearts. Online shop operators, marketers and newsletter senders, as well as many others had long since heard of the “mystery” called GDPR. But still they weren’t quite sure whether GDPR was some kind of dark magic – and what effects it would have on the wide land of email marketing.
We’ve tested seven fairy tales about newsletter opt-ins and turned them into some proven opt-in truths for you.
Opt-in Truths That Make Your Email Marketing Bulletproof
Most people have recovered from the GDPR scare. Newsletter opt-ins and double opt-ins are part of email marketing. But many people are still unsure about what is allowed. People often ask: Is it possible to send out emails without opt-in? Since the GDPR, some online sellers, marketers, and newsletter senders are still unsure about certain things. This is understandable, given the myths around newsletter opt-ins a few years after the GDPR.
We’re here to help you avoid any potential hiccups and ensure your newsletters are sent successfully and securely, both today and in the future.
Opt-in Myth No. 1: Checking Out via Email if Someone is Interested in Your Newsletter is OK
I’m sorry to say that this story doesn’t have a happy ending. The thing is, when you send that email asking for permission, you’re basically sending that person a newsletter without their consent. It’s a bit like someone ringing your doorbell on Sunday lunchtime and kindly asking if they can disturb you on Sunday lunchtime. The visitor has already roused you from your Sunday nap. So, your request is already being treated as advertising. Newsletter subscribers must opt in to receive your newsletter. It doesn’t matter if it’s just about seeing if people are interested in your newsletter. This also applies to all other digital forms, like social networks, SMS, WhatsApp, and so on.
Opt-in Truth No. 1:
Never send newsletters to people who haven’t agreed to get them.
Opt-in Myth No. 2: You May Contact Your Customers at Any Time
This might be true. At the end of the day, your customers have already made a purchase in your online store. They’re definitely one of the people you can send your newsletter to. This fairy tale may sound nice, but this statement is simply not true. Your customers must also agree to receive your newsletter.
There is one exception. This is the exemption law, §7. 3 UWG. You can collect new email addresses when you buy a product. There are a few rules to follow, though. When you’re collecting email addresses for the first time, you have to make it clear if you’re advertising similar goods or services. If a customer buys a T-shirt, for instance, you probably shouldn’t send them a newsletter with offers on food or technical devices. Your newsletter can only feature products and services that are similar to the one the customer bought. You’ll also need to include a withdrawal policy. It’s crucial to note that a purchase must have actually gone through. Just having people register for a product isn’t enough.
Opt-in Truth No. 2:
The same goes for this case: Before you send a newsletter to your existing customers, you always need to get their okay. The law is a bit vague here, so we’d advise you not to use the exception. This’ll keep you on the right side of the law.
Opt-in Myth No. 3: If Someone Gives You Their Business Card, You’re Allowed to Send Them Your Newsletter
If you believe, you’re unfortunately not going to be saved. Picture this: You’re at your trade show booth when someone who seems interested in what you’re offering hands you a business card. Then they’ll let you know that they’d like to subscribe to your newsletter. You’re pleased to get the new email address and put the business card to good use. We’ve got some good and some not-so-good news for you at this point in the story. There’s no info on how people have to opt in to get the newsletter. If you collect personal data, you must be able to verify it. This makes the newsletter GDPR-compliant.
You were given permission to use the email address when you received the business card, which is correct. But you can’t prove later how you got this address. You can find a business card in the park or in a pedestrian zone, or it was left in a hotel, or a third party simply slipped it to you, or …
Opt-in Truth No. 3:
It’s important to be able to prove how you got people’s email addresses for your newsletter, even months or years later. And it’s also important to be able to show that they gave you their consent to contact them. We believe the digital way is the easiest and most secure option.
Good to know: Our newsletter signup forms use Double-Opt-in. Our newsletter tool automatically records successful opt-ins.
Opt-in Myth No. 4: Newsletter Consent is a Life-Long Decision
It’s pretty clear what’s going on in this fairy tale. Once your subscribers unsubscribe, you’ll no longer have their consent to send them the newsletter. You can no longer contact that email address with immediate effect.
Sometimes subscribers don’t get newsletters for a long time. In 2016, the Bonn Local Court ruled that unused consent expires after four years. Based on these rulings, it was advised to send a newsletter at least once a year to prevent consent from lapsing. However, the Federal Court of Justice clarified that consent does not expire solely due to the passage of time. Case law will likely be amended in this regard (source: Datenschutz-Notizen.de).
Opt-in Truth No. 4:
When a subscriber unsubscribes, their consent ends.
CleverReach takes care of unsubscribes. If someone unsubscribes from your newsletter, their email address is automatically marked as inactive.
Opt-in Myth No. 5: Double-Opt-in is Required in Germany
This is true, not a fairy tale. Duty sounds right. But this “fairy tale” is not true. Well, only half.
New subscribers get a follow-up email asking them to confirm their subscription. This is standard for many newsletter senders. The double opt-in prevents someone from signing up for the newsletter with someone else’s email address and sending spam.
Opt-in Truth No. 5:
The double opt-in isn’t technically required, but you still have to prove you have the recipient’s consent. A double opt-in email is safe in case of a dispute and shows that the recipient wants to get the newsletter.
That’s why we use a double opt-in for all our CleverReach newsletter sign-up forms.
Opt-in Myth No. 6: When Taking Part in a Competition or Lottery, You Always End Up on an Email List
Online stores often use competitions to increase sales or get new subscribers. People often ask: Can you link competition entry to newsletter sign-up? This was not clear for a long time. Since 25/05/2018, it is clear that a competition linked to a newsletter is not GDPR-compliant. There are no exceptions. The competition participant can register for a newsletter if they want to. People can choose to get the newsletter in a separate field.
Opt-in Truth No. 6:
Participation in a competition isn’t necessarily tied to a consent to receive or subscribe to a newsletter. Subscribing is always voluntary.
Opt-in Myth No. 7: The GDPR Does Not Apply to Non-EU Countries
It is clear that the GDPR applies in all 28 states of the European Union. But what about those countries who are not part of the EU? Let’s take a closer look at this myth. Can companies from third countries, i.e. from countries outside the EU, really simply ignore GDPR?
We can answer that with a short and narrow no. For example, if the company has a branch office in the EU and also processes personal data there, this company must comply with the GDPR guidelines.
But what if, for example, an online shop from the US has no branch in the EU and only processes the data of newsletter subscribers or buyers living in the European Union? Online shops in particular often track the personal data of their subscribers and buyers in order to adapt their product offers or the content of their newsletter. There’s a clear rule: If personal data of people located within the EU is processed, the online shop must adapt its business processes, such as email marketing, to the guidelines of GDPR.
This also applies if only the data processor is located in the EU. If, for example, a US customer only has recipients from the US, but uses an EU service provider, the company must comply with GDPR.
Opt-in Truth No. 7:
In many cases (as described above), companies such as online shops located outside the EU must also comply with GDPR. This also applies if only the data processor (e.g. CleverReach®) is located in the EU.
Always Be on the Safe Opt-in Side with CleverReach
It’s now clear that the GDPR is a great thing for online store operators, marketers, and newsletter senders. It makes email marketing easier and more secure than ever. So don’t be misled by the myths about newsletter opt-ins. If you collect your data in line with the GDPR, you’re bound to have a great experience with your email marketing.
We’ve put together a quick summary of all the key points for GDPR-compliant newsletters in another article. We’ve even included a free GDPR checklist you can download!