Definition
Implicit consent may apply to existing customers in some laws. It is weaker and riskier than explicit opt-in.
Best Practices
- Rely on implicit consent only where the law allows.
- Make unsubscribing trivial in any case.
- Prefer explicit opt-in wherever possible.
Was this useful?
Related Glossary Terms
CAN-SPAM Act
The CAN-SPAM Act is a US law that sets rules for commercial email. It requires accurate subject lines, a physical address, a clear opt-out mechanism, and prompt processing of unsubscribes. Violations can result in penalties up to $51,744 per email.
Consent Banner
A consent banner is an on-site notice that informs visitors about data collection and allows them to agree to or manage email marketing preferences.
Consent Refresh Campaign
A consent refresh campaign asks subscribers to confirm they still want to receive email, refreshing proof of consent and cleaning the list while respecting privacy laws.
Cookieless Tracking in Email
Cookieless tracking in email is the measurement of email-driven behavior using methods that do not rely on third-party browser cookies.
Email Account Health Score
A composite metric that evaluates the overall health of an email sending programme based on deliverability, engagement, list quality, and compliance factors.
AI Email Privacy
AI email privacy covers how AI assistants process email data, raising questions about data use, retention and consent.
Frequently Asked Questions
Consent inferred from an existing relationship or action.
Only in specific legal contexts, such as some B2B rules.
It is easier to challenge and less protective.