What is explicit vs. implicit consent?

Explicit consent, also known as express consent, happens when a subscriber knows and consents to receiving marketing messages from your brand. Subscribers may give their explicit consent through sign-up forms on your website or via email or SMS replies.

With implicit consent, your audience provides their contact information without stating that they want to be on your SMS or email list—their interest is inferred. For example, sending a customer marketing messages after a purchase is considered implicit consent.

Implied consent is illegal in many regions, such as Europe and Canada, and it can damage your sender reputation. Recipients often ignore or flag unsolicited messages as spam, resulting in deliverability issues or blocked emails.

Implied consent is also time-bound. In many regions, it’s only good for two years. Sending after that would be considered an unsolicited message.

Explicit consent is the safer option if you want to remain legally compliant in all regions and have higher-quality subscribers.

  1. State how you’ll use the data you collect: In your terms and conditions, explain what happens once a contact agrees to receive promotional messages. Include a link to your terms and conditions anywhere you’re collecting consent, such as on a sign-up form.
  2. Use double opt-in: Use double opt-in to confirm a subscriber’s consent to receive messages from your brand. Double opt-in is a process through which a new subscriber must confirm their subscription before being subscribed to communications. 
  3. Make it easy to unsubscribe or opt out: Legal regulations require you to include the option to unsubscribe in every email. It’s also advisable to give your subscribers the option to manage their mailing preferences. With SMS, unsubscribing is called opting out. You must include opt-out instructions, such as “Text STOP to opt out,” on the first message and again every 30 days.
  4. Seek legal counsel: Get advice from a lawyer to make sure your marketing efforts adhere to local laws. They can help you understand legal nuances, review your current consent practices, and suggest next steps.
  5. Use a customer data platform to house subscriber data: A customer data platform will make it easy to manage unsubscribes, delete data upon request, and segment your audience based on the permissions they gave through sign-up forms. Good marketing automation platforms like Klaviyo automatically collect this information for each profile, making it easy to see which of your channels they’re subscribed to. 

3 benefits of getting explicit consent

  1. Compliance: With explicit consent, you won’t need to worry about breaking any compliance laws or damaging your reputation.
  2. Subscriber trust: Your subscribers will appreciate your transparency and respect for their privacy. As a result, they’ll perceive your brand in a more positive light, boosting audience trust for your business.
  3. Higher engagement: Recipients who give explicit consent are genuinely interested in your brand and more likely to interact with your messages. If you stick with explicit consent, your open, click, and conversion rates will be higher and your unsubscribe rates will be lower.

Simplify explicit consent collection with Klaviyo.

Use Klaviyo to send automated double opt-in messages, customize unsubscribe links, and manage subscriber data in compliance with regional laws.

Sign up for Klaviyo and set your marketing initiatives up for success.

Additional resources