One of the most important ways to build trust in your customers and increase your opt-in rate is to make it clear what the contact is subscribing to, and how they can opt out again.
In this article we offer guidelines to the legal requirements and best practices for your opt-in and unsubscribe methods, and offer standard texts that you can copy and use on your web pages and in your emails.
Contents
- Introduction
- Mandatory registration data
- Product emails based on an existing customer relationship (UWG)
- Simple newsletter registrations
- Newsletter content
- Simple checkout registrations
- Combined newsletter and checkout registration
- Footer texts - newsletter unsubscribe
- Footer texts - product emails unsubscribe
- Further reading / Legal references
Emarsys is not a law firm specializing in data security legislation, and we do not offer legal advice. We want to help you to understand how this legislation can affect you as an Emarsys customer, and this article assumes that you are using the Emarsys Marketing Platform properly, according to our documentation.
You should always refer to a qualified legal source when it comes to checking whether or not you are compliant in any given situation.
Introduction
Legislation governing the sending of marketing material varies globally, so you should make sure that the texts you use are suitable for the regions in which you are operating.
However, since you cannot control where a customer will open an email or register on your site, it is a good idea to protect yourself by complying with the most restrictive legistation.
These guidelines were prepared for our customers operating in the German-speaking parts of Europe and are compliant with German email marketing legislation. Since this is among the strictest in the world, we consider them to be a benchmark for best practice policy.
Mandatory registration data
If a customer ever does challenge your right to send them marketing emails, it is important that you can defend yourself by providing details on when, how and under what conditions the customer first registered. For this you will need to store the following data:
- The IP address used to register.
- The date and time of registration.
- A copy of your T&Cs, MSA or similar, as shown in the point of registration.
- The registration page as shown at the point of registration.
Product emails based on an existing customer relationship (UWG §7 (3))
Section 7, paragraph 3 of the Federal German Act Against Unfair Competition, UWG §7 (3), states that businesses may send unsolicited emails to customers after a purchase, if those emails are closely related to the items purchased.
You therefore do not need an opt-in for these mails.
However, it is not clear how close this relationship must be, and any kind of unsolicited emails greatly increase the risk of complaints and the subsequent damage to your reputation.
Emarsys recommends not to use this loophole, and to inform your customers and give them the chance to opt out from such mailings via a checkbox on your website or via a link in your communications.
Guidelines
You may send product-related emails if:
- You received the contact information for the message in connection with a sale or a service to your customers.
- The message is sent to directly advertise your own similar products or services and contains no further advertising content.
- The recipient clearly and distinctly has, during registration and also during each transmission, the possibility to reject such use of this electronic information easily and free of charge (beyond the costs associated with a working Internet connection).
- The recipient has not unsubscribed from the mailing.
Place your UWG texts and checkbox or opt-out link:
- On every page where the email address is required, clearly visible and placed directly next to the input field. It must not be behind a link or in a mouse-over, or as a footnote.
- On the checkout page.
- In every such mailing.
Example texts
Explaining your UWG policy at the point of purchase
We will send your booking confirmation to the email address indicated. In connection with your booking, you will receive from us, in addition to the booking confirmation, other emails with information and offerings tailored to your trip. You can object to the sending of these emails at any time by sending an email to unsubscribe@example.com or by using the unsubscribe link that can be found in every mailing, without costs other than the transmission costs pursuant to the basic rates being incurred in this regard. After receipt of your objection, we will suspend the sending of emails immediately. For more information, you can refer to our privacy policy.
General text for explaining your UWG policy at account registration and checkout
We will use your email address to send you advertising for our own similar products or services. You can unsubscribe from this at any time without costs other than the transmission costs pursuant to the basic tariffs being incurred in this regard. For more information, you can refer to our privacy policy.
Customer confirmation
Additionally, my email address will be used to send me advertising for own similar products or services. I can unsubscribe from this at any time without costs other than the transmission costs pursuant to the basic tariffs being incurred in this regard. For more information, I can refer to the privacy policy.
Customer withholding permission
[insert checkbox here] I hereby withhold permission for the commercial use of my email address.
Simple newsletter registrations
Guidelines
The minimum best practices for newsletter registration are as follows:
- The registration for each newsletter is separate. The subscriber must be able to register for each newsletter actively and separately.
- Opt-in must not be assumed - pre-selected checkboxes cannot be used.
- Unsubscribe methods are described at the point of registration for the newsletter, and in every form where an email address is inserted for the first time.
- This text must not be behind a link or in a mouse-over, or as a footnote.
- Mention all unsubscribe methods (such as email or web form). These methods can either be named explicitly or you can alternatively link to the privacy policy and explain them in there.
- Only the customer's email address is allowed to be requested as mandatory field.
- Confirmed opt-in (COI) is permitted, double opt-in (DOI) is preferred. Single opt-in (SOI) is not permitted.
- No login is required to unsubscribe, i.e. it should be readily accessible by anyone.
- No extra steps are required to unsubscribe, i.e. it does not lead to additional forms, pages or links to complete.
- No persuasive language must be used to entice a person to remain subscribed.
Additionally, we recommend the following:
- Add a link to the privacy policy next to the opt-in.
- State the frequency of newsletters.
- If more than one newsletter is included in the subscription, state from whom the subscriber will receive which type of content.
- If you are doing affiliate marketing, all partner companies must be named explicitly (max. 10).
- Generally only one form that a subscriber needs to fill out should be used. In case the registration forms are split over more than one page, the first point of contact should be an image link that leads to a complete newsletter registration form.
- No advertising should be used in the form.
- Other means of subscription are listed (Facebook, Google+, Apps, LinkedIn etc.). Please note that registrations via social networks or apps must fulfill the same criteria as for email.
Newsletter content
The newsletter itself should contain:
- A link to the privacy policy.
- A clearly visible unsubscribe link.
Example texts
Explaining your policy on email newsletters
By subscribing to our free newsletter you will be the first to learn about new products, valuable tips and news as well as exclusive offers. After signing up you will receive a confirmation email with an activation link to start receiving the newsletter. If you no longer wish to receive our newsletter you can unsubscribe at any time, simply by clicking the “Unsubscribe" link in the footer of any of our newsletters or by sending an email to email@company.com.
Customer confirmation
I would like to receive the weekly newsletter of [your company] with information on its offers by email. My data will not be forwarded to third parties under any circumstances. I can revoke my consent at any time by sending an email to unsubscribe@example.com with effect for the future. In addition, a link to unsubscribe from other information is included in each email.
Customer confirmation next to a checkbox
[checkbox here] I would like to receive the regular [ company ] newsletter. I can unsubscribe from it at any time. For more information, I can refer to the privacy policy.
Simple checkout registrations
Guidelines
On your checkout page, next to the call to action that completes the purchase, you should clearly inform the customer if you intend to send further emails about the same item that they have just purchased (UWG §7 (3)). The customer should be able to withhold permission at this point.
You should also state that the contact can opt out of these at no extra cost above the standard costs of Internet access, and include a link to your privacy policy.
Example texts
Explaining your UWG policy at checkout
We will additionally use your email address to send you advertising for our own similar products or services. You can unsubscribe from this at any time without costs other than the transmission costs pursuant to the basic tariffs being incurred in this regard. For more information, please refer to our privacy policy.
Customer withholding permission
[insert checkbox here] I hereby withhold permission for the commercial use of my email address.
Combined newsletter and checkout registration
Guidelines
If you include a newsletter registration form as part of your checkout process, the guidelines are as for simple newsletters.
In addition to this, make sure that the opt-in checkbox is clearly identifiable and separated from the checkout process.
If you plan to send product emails (UWG), you must make it clear that you are talking about two distinct types of email, by providing two checkboxes:
- One checkbox to opt in to the newsletter, as described above.
- A second checkbox for the customer to opt out of additional UWG emails relating to the product they purchased.
Example texts
Explaining your UWG policy at registration and checkout
We will additionally use your email address to send you advertising for our own similar products or services. You can unsubscribe from this at any time without costs other than the transmission costs pursuant to the basic tariffs being incurred in this regard. For more information, please refer to our privacy policy.
Customer confirmation
Additionally, my email address will be used to send me advertising for own similar products or services. I can unsubscribe from this at any time without costs other than the transmission costs pursuant to the basic tariffs being incurred in this regard. For more information, I can refer to the privacy policy.
Customer withholding permission
[insert checkbox here] I hereby withhold permission for the commercial use of my email address.
Footer texts - newsletter unsubscribe
Guidelines
In addition to using List Unsubscribe, you should always add clear and obvious text in the footer of your email directing the recipient to an unsubscribe link.
These unsubscribe links should work on the first click and not require a second action to confirm.
Your footer should also contain a link to your Privacy Policy and Imprint.
Example texts
If you do not wish to receive our newsletters any longer, you can unsubscribe from them by clicking here.
Footer texts - product emails unsubscribe
Guidelines
In addition to the guidelines for newsletter unsubscribe, if you send the kind of unsolicited emails permitted by UWG §7 (3), you should also state this clearly and, if possible, indicate what was purchased and where. You can then continue with your standard unsubscribe text.
Example texts
You have received this mailing because you have purchased a product in our shop on http://www.myshop.com. If you do not wish to receive our product recommendations any longer, you can unsubscribe from them (without costs other than the transmission costs pursuant to the basic tariffs being incurred in this regard) by clicking here.
Legal references
| Description | CSA Guidelines 2016 | Legislation (Germany/EU) |
|---|---|---|
| Active and separate registration, no pre-checked checkboxes. |
2. Permission 2.3 Transparent consent 2.4 Conscious, clear and explicit consent |
§7 (2) UWG §28 (3) 1 BDSG EU Directive 2002/58/EC |
| Unsubscribe remark |
3. Unsubscribing |
§13 (3) TMG §28 (4) BDSG |
| Email address is the only mandatory field |
2.6 Data economy |
|
| Affiliate marketing, list of sponsors |
2.3 Transparent consent 2.7 Co-registration and purchase of addresses |
|
| Contact data on website |
4.4 Legally sound legal notice |
§5 TMG |
| UWG requirements |
2.12 Exception from the opt-in: Email advertising with existing customer relationship |
§7 (3) UWG |