Opt-in is one of three ways of obtaining ‘consent’ to send marketing emails. It is where the email recipient has specifically indicated that they want to receive the emails at the point at which the contact information was submitted (e.g. by ticking a box in an HTML form).
It is important to explain that opt-out is where the email recipient has been given, (at the point at which the contact information was submitted), the opportunity to opt-out from receiving the emails, and has not done so (e.g. by not ticking a box in an HTML form).
Under the Privacy and Electronic Communications (EC Directive) Regulations 2003 the “soft opt-in” applies where all three of the following conditions apply:
- an email address was obtained in the course of the sale or negotiations for the sale of a product or service to that recipient,
- the direct marketing is in respect of similar products and services, and
- the recipient was given the opportunity to “opt out” when the details were collected and with subsequent communication.