To Opt-in or Opt-out that is the question

To Opt-in or Opt-out that is the question

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Opt-in or Opt Out- What Does it Really Mean?

Sending Electronic Communications or in human talk (Emails and SMS) we must follow a set of rules. Many people confuse these with GDPR but really they are covered by GDPR’s cousin the ePrivacy Directive.

💡 The ePrivacy Directive sets out what you can and can’t do in terms of electronic communications and cookies!

There are 4 ways in which we can justify sending Emails and SMS to customers and potential customers. We can justify it following an Opt-in or Opt-out rule.

Opt in

You can assume a customer “opted in” when they’ve clearly given their consent for you to send them emails and sms.

💡 In the eyes of the law, this is when a user gives user does an affirmative action to offer their consent.

In real life:

  • Happens using a checkbox
Opt in

"But my users accept terms and conditions and in the terms, they already agree to Marketing emails?"

WRONG. This is a common misconception. However, under the GDPR it is not valid to attribute consent to acceptance of terms and conditions. If the people you want to send emails to have already accepted your terms and conditions - you still need to add an additional checkbox like the one above.

Strange Exception 1: Double opt-in

Like opt-in but you need to do it twice. For example via a form with a checkbox as in the image below and then a person clicking a link in an email to confirm their consent.

Double opt in

Weird Exception 2: Soft-opt in

Of course things can’t be as simple as A or B. There’s this grey area is called soft opt-in.

‘Soft opt-in’ says that you can send marketing messages if a customer has previously purchased or expressed interest in offers or services. You can only use soft opt-in when you're offering similar goods or services.

For example, if a customer buys a Tesla you can send them emails regarding to cars or a charging port or so. However, you must give the customer the chance to opt-out every time you contact them. This must be clear.

Opt out

Means that you can send communications until a user revokes their consent. A pretty important thing is that you should allow for customers to revoke consent at any time.

Opt out

How do I know if I can use one or another?

Well... it depends on mainly two things:

  1. Which country you’re sending marketing communications to 🇪🇺🇬🇧
  2. If you’re marketing to Individuals 🏠🙋 or Businesses 🏢👩‍💼

Interactive Tool

Use the free tool that we've built below to find out if you need to use opt-in, soft-opt in or double-opt in. See a tutorial on how to use the tool here or below:

🔰 We’ve built a small FREE tool to help you with this. It lives here. Find out of you if should use Opt-in, Opt-out, Double-opt in or Soft opt-in! 🔰

Want help with your GDPR? Book a call here to find out why Privasee is the trusted partner for hundreds of businesses!


August 16, 2022

Frequently asked questions

Do I need to connect all my tools and third parties?

We never have access to any of your data, our platform is able to scan each tool and provide recommendations without needing to access any of the data within those tools.  There's no need for your dev' team to do anything, there are no security risks, just tell us the tools you use and we will do the rest.

What is the scope of my privacy policy?

Our policies are not just about my website or service. Once set up, our platform will help you map-out internal and external processes, such as HR, finance, and more!

Do I need to replace my current policy for the privacy portal?

We recommend replacing your current policy with our policy, this way you’ll remain compliant as your business changes and as the laws update.

Do I need help filling out my details?

Setting up is easy, just follow the on-screen commands and go through a few short steps to add your tools. You don't need any technical ability, anything you don't know the answer to you can ask us via our live chat or add later.

Why can’t I just use a template and add it to my website myself?

A template will not be applicable to your particular business as there are many things to consider for each tool you use. Also the template will not automatically update when changes happen in your business and when changes to GDPR laws are released. This can leave you vulnerable to breaking GDPR laws.

What if you don’t have the tools and third parties that I have?

We have a huge selection of tools pre-loaded and anything you don't see you can add directly from the platform as well as mapping data for any custom software you may use.

Which plan should I choose?

Our Essential Plan is perfect for people just getting started, small businesses, self-employed people and early stage companies. It allows you to get set up and start making your site GDPR compliant. You can move to our pro plan when you grow and your needs become more complex.

Our Pro Plan is aimed at SMEs and is our most popular plan as it includes everything you'll need such as a cookie banner, multiple languages as well as dedicated support.

Our Agency Plan is aimed at businesses that operate with clients needing GDPR solutions. The plan allows you to onboard clients as well as benefit from the Pro Plan for your own site.

Our Enterprise Plan is our most customisable and inclusive plan aimed at large, corporate businesses. We will essentially build you a bespoke plan with full maintenance support, onboarding classes and full company-wide access.

Feel free to get in touch to discuss our GDPR Compliance Software solution.

How easy is it to set up?

Signing up is super easy. The platform will ask you a few basic questions and then you can add your tools - don't worry if you don't know them all, you can come back and add tools at any point. The platform will then generate you the correct privacy policy based on your information, you can there share it directly on your site. That's it!

What size companies is Privasee aimed at?

Privasee has a plan for smaller companies as well as larger enterprise companies. For companies small to medium you can signup directly. For bigger enterprise companies get in touch with your requirements and our team will build you a bespoke plan.

I already have a privacy policy, do I need Privasee?

You have a legal responsibility to keep your policy up to date with every change in legal requirements for every tool you have. With Privasee you are always covered.

Still have questions?

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