Use Opt-in Legally Compliant And Successfully

When it comes to your email marketing, you should not only work on better designs and higher conversion rates, but also pay attention to legal security. Sending unsolicited advertising is punishable under the General Data Protection Regulation (GDPR). A user must directly confirm that they want to receive promotional messages from you. So if you send a newsletter with an included purchase message to people who have not independently signed up to your mailing list, this can be considered unlawful.

Verfasst von Hannah Krüger

Legal Certainty In Email Marketing


Single opt-in

After a prospective customer has filled in the fields of a form, he is obliged to tick a checkbox. With the help of single opt-in, he thus confirms his consent to his contact data being processed. However, indiscriminate email addresses and telephone numbers of third parties can be provided here, who will now receive undesirable advertising from you. According to the GDPR, this is punishable and can lead to warnings.


Confirmed Opt-In

After newsletter registration, your subscribers receive an email to the registered address with the information that one has been added to a distribution list. If a user ignores this e-mail, the address remains in the distribution list. In addition, an opt-out procedure is offered. With the help of a link, users who have not provided their contact details themselves and are not interested can unsubscribe from the newsletter immediately. Confirmed opt-in is a more secure method than single opt-in. Nevertheless, it can also lead to warnings, since the users have not executed a declaration of consent for your advertising.


Double Opt-In

If you want to be completely sure that only interested people receive your promotional newsletter, you can use the double opt-in method. After the newsletter registration, the user has to confirm his e-mail address in his personal mailbox to be included in the distribution list and to receive newsletters from you. However, if he ignores this email for various reasons, he will not receive future newsletters. Thus, there is also a probability that you will lose potential buyers. With this method, you are on the safe side, because confirming the e-mail address is considered an explicit declaration of consent by the recipient. In this way, you cannot make yourself liable to prosecution on the basis of unlawful advertising. A double opt-in e-mail informs the user which of his data will be used for which purposes. It is important that no advertising is placed in this e-mail yet as well as that you share the confirmation link.


Advantages with Double Opt-In

  • Legally on the safe side
  • Only interested people receive your newsletter

Disadvantages with Double Opt-In

  • Recipient perceives the e-mail as irrelevant
  • Email ends up in the spam folder

More success with double opt-in

Using permission (consent) marketing, potential customers may drop away because you find your opt-in emails irrelevant or forget to confirm them. Nevertheless, the majority of your subscribers are real prospects and therefore potential buyers. You may have fewer leads, but they are more qualified. This infers a lower bounce rate as well as more conversions. Based on these rates, your SEO performance improves in the Google algorithm.


Don't see legal compliance as an annoying hurdle, but rather as an opportunity for better and more qualified leads. Opt-in methods show seriousness, building trust with your prospects and customers.



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