The General Data Protection Regulation (GDPR) has given us many new requirements to consider with email marketing, but the biggest source of confusion and the most questions have revolved around one area—opt-in consent forms.
We want to clear up the confusion of opt-in forms under GDPR data privacy laws by showing you real-world examples and analyze what works and what doesn’t.
We'll show you opt-in form examples for:
Let’s get started!
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Before we get into all the fun opt-in form examples, we want to start with the actual legal language from GDPR regarding consent requests. Creating effective opt-in forms under GDPR starts with understanding what it actually says.
Article 4(11) states,
“Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”.
Recital 32 further specifies:
“Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of his or her personal data.”
Wow! That is a lot to take in. As you can see, the GDPR sets a high standard for affirmative consent.
Now let’s go over some opt-in form examples to help you figure out how to implement these requirements.
If you only need consent for one item, such as to receive newsletters, the opt-in form can be super easy and straightforward. The easier your form is to fill in, the more subscribers you will get.
That said, pay attention to the statement underneath the submit button. It says that after signing up, a subscriber will receive occasional surveys and special offers. This is not clear to the subscriber.
To avoid a misunderstanding, we recommend that this text is placed in the main area. So the copy could read:
“Get the latest weekly science news, occasional surveys and special offers delivered right to your inbox”.
This would be a better way to approach consent.
Unfortunately, but this is not the right way of getting subscribers’ consent. As you know, consent means a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of agreement to the processing of personal data. In simple terms, this means that you have to ask people to actively opt-in.
It is very common to give away something for free in exchange for an email address. These are often called lead magnets. Under GDPR, you can’t just obtain an email with a lead magnet without explaining how you will use the email.
In this e-commerce example, there is not a clear explanation of what the person is signing up for. If you are asking to exchange an email address for a freebie or voucher, you won’t be able to send them newsletters, news, special offers or other emails.
A safe option here would be to add a checkbox underneath and ask people to tick the box if they want to get a newsletter or special offers.
You could also say something like:
"To receive a voucher, please subscribe to our newsletter and daily news. Don’t worry, you can unsubscribe at any time."
You wouldn't need to add any checkboxes in this case because you make it explicitly clear that the lead magnet is being offered in return for joining the email list.
Red Bull does a much better job in the next example.
Follow Red Bull’s example of being super clear and explicit. They show how a freebie can be connected to a subscription. They include the incentive, the explanation of consent and they mention the unsubscribe option. Great job Red Bull!
Another good example of a newsletter including a freebie! The discount is offered to attract more subscribers to sign up for the newsletter and people are informed about what they will receive.
Checkboxes are necessary when you are trying to get consent for two separate things, such as a newsletter and advertising. If you don’t need to use checkboxes, it is much better to avoid them. You’ll get higher conversions with fewer checkboxes!
From our point of view, the checkboxes in the form above are not necessary. Let’s take a closer look at the first checkbox, which says:
“I agree to my email being stored and used to receive the newsletter.”
There is GDPR compliance without this checkbox because the only purpose of this form is to get consent for receiving newsletters. The second checkbox is not needed because you are allowed to put offers in your newsletters.
If someone has to read several checkboxes and make multiple decisions, they are less likely to complete the form.
GDPR compliance is also shown with this opt-in form. However, we would recommend that you let your customers choose how they want to receive news from you—by email, via SMS, by post, etc. In this case, you would use multiple checkboxes.
The checkbox is needed because the original purpose of the form is to check out of the store. To send newsletters, they needed to add a separate checkbox asking for explicit consent.
CBS Sports created a good GDPR-compliant opt-in form, however, there’s no need to add a checkbox because the consent to process personal data is being asked for only one thing.
This is our last example of a good GDPR-compliant opt-in form. However, the checkbox here is not needed as the subscriber's consent is given for one purpose only.
Article 8 of the GDPR states that regarding the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old.
If the child is below the age of 16 years, such processing shall be done on a lawful basis only if and to the extent that consent is given or authorized by the holder of parental responsibility for the child.
Member States may provide by law a lower age for those purposes provided that such lower age is not below 13 years.
The controller shall make reasonable efforts to verify in such cases that consent is given or authorized by the holder of parental responsibility for the child, taking into consideration available technology.
To comply, you should consider adding age verification or parental consent options to your forms if you offer online services directly to children.
At this time, European Union (EU) regulators have not provided definitive guidance on how to verify parental consent, but we believe they will develop further specific guidance soon.
Do you think the above form works under GDPR?
Let’s take a closer look at it. There are two types of confirmation: age verification and consent to receive personalized marketing material, but only one checkbox.
What if someone wants to confirm that they are 16+ years, but they want to disagree to receive marketing emails? From our point of view, this kind of opt-in form is bundled, which means it should separate the two items using checkboxes.
That said, the text they use to verify age is good. Just don’t merge it with the other things and you are good to go.
As you can see, the checkbox says: “I confirm that I am 16 years or older and I consent to COS processing my personal data in order to send personalized marketing material in accordance with the privacy notice.”
At first glance, this sounds good, but what if the subscriber is older than 16 years old and not interested in personalized marketing material? For this reason, we would suggest having two separate consent checkboxes.
Let’s take a look at one of the most important GDPR explanations regarding consent, which is stated in Recital 32:
“Silence, pre-ticked boxes or inactivity should not, therefore, constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them.”
It is mandatory to ask for consent for each purpose. Here are some GDPR-compliant examples, which place separate consent checkboxes for marketing purposes and profiling.
The important thing to notice in the example above is that if a subscriber doesn’t choose the "Yes” or “No” boxes, it counts as "No”. We recommend simply using one checkbox to avoid a confusing user experience.
As you can see there are 2 options here: Subscribers are asked to choose whether or not they would like to get offers and information from their partners. However, we would suggest having only one option: “Yes”. Otherwise, it should mean “No”.
GDPR requires the explanation of services to be explicit and clear. While this is a subjective rule, you need to do your best to communicate as clearly as possible.
Here’s our last example, which shows how wording can get confusing. This is an example of what NOT to do:
If you're convinced that enabled double opt-in method is the only form allowed by GDPR, we have some news for you!
First of all, let’s cover the similarities and differences between these 2 methods.
Both methods allow you to grow your email list in a simple and secure way. Why secure? Because both times you receive what you need most in terms of staying GDPR-compliant, which is consent.
Let's clarify that GDPR doesn’t make it mandatory to set up the double opt-in method for collecting email addresses. Actually, GDPR says nothing about single or double opt-in. The only thing that matters is the ability to provide proof of consent.
Using the single opt-in method, you should be able to capture a timestamp of subscriber consent (time, date, location) and the source of the opt-in (website, social media, etc.). Possession of this personal information makes you fully compatible with GDPR opt-in requirements. However, to have a stronger paper trail of the proof of consent, you can enable the double opt-in method—which means that anyone who subscribes will have to confirm their request twice.
Double opt-in is a more advanced way of collecting email addresses, however, it doesn’t make the single opt-in method invalid or improper.
To help you create the best opt-in forms that comply with GDPR, we created a checklist that you can use to verify that your forms are good to go.
✅ We use clear, plain and easy-to-understand language.
✅ We ask for consent separately for each specific purpose.
✅ We ask users to actively opt-in and don’t use pre-ticked boxes.
✅ We make the request for consent prominent and separate from our terms and conditions.
✅ We tell individuals they can withdraw their consent at any time.
✅ We have simple and effective withdrawal mechanisms in place.
✅ We ensure that individuals can refuse to consent.
✅ We explain why we ask for their data and what we’re going to do with it.
✅ We only seek consent from children using age-verification measures (and parental-consent measures for younger children).
We hope that this article was helpful. If you still have questions regarding consent, checkboxes or the structure of opt-in forms, please leave your comments below and we will do our best to answer your questions.
Editor's note: This post was originally published in June 2018 and has been updated for accuracy and comprehensiveness.
Hi, my name is Marta, legal counsel at MailerLite. As a legal professional, it’s my job to ensure we’re always following the rules, especially regarding GDPR compliance. To blow off steam, I enjoy kickboxing. I call my punching bag “Mr. GDPR,” and boy do I get a good workout.