What Consent Really Means in Email Marketing (And What It Doesn't)

You meet someone at an event. They hand you their business card.

Can you add them to your marketing list?

Many people assume the answer is yes.

In reality, not always.

Simply having someone's email address doesn't necessarily mean they've agreed to receive marketing emails from you. While privacy laws vary between countries, one principle remains the same: people should understand what they're signing up for and expect to hear from you.

Getting consent right isn't just about compliance. It also helps improve deliverability, protects your sender reputation, and builds trust with your audience.

Let's take a closer look at what consent really means.

What Consent Is

In email marketing, consent means someone has clearly agreed to receive marketing emails from your organisation.

Good consent is based on three key principles:

• Knowingly – The subscriber understood what they were signing up for.
• Actively – They took a clear action, such as completing a signup form or selecting an unticked opt-in checkbox.
• Specifically – They agreed to receive marketing emails from your organisation.

Subscribers should always know who they're signing up with and what kind of emails they'll receive.

When expectations are clear from the beginning, you're far more likely to build an engaged audience.

What Consent Is Not

Certain interactions may create an opportunity to start a conversation, but they don't automatically mean someone expects ongoing marketing emails.

Examples include:

• Someone giving you a business card
• Someone emailing you an enquiry
• Someone purchasing from you once
• An email address listed on a website
• A contact found on LinkedIn
• An industry directory listing
• A partner database where the person "opted in to receive offers"
• A pre-ticked checkbox

Depending on your location and the applicable privacy laws, some of these situations may allow certain types of communication. However, as an email marketing best practice, it's always better to obtain clear permission before sending promotional emails.

For example, if someone downloads a guide from your website, they've requested that guide. That doesn't necessarily mean they've agreed to receive future promotional campaigns unless this was made clear when they signed up.

Consent is closely linked to expectation. If subscribers know they'll hear from you, your emails are much more likely to be welcomed.

Why Consent Directly Affects Deliverability

Mailbox providers don't know your intentions.

They measure how recipients respond to your emails.

When people receive messages they weren't expecting, they're more likely to:

• Ignore the email
• Delete it without reading
• Unsubscribe
• Mark it as spam

These actions send negative engagement signals.

Over time, repeated spam complaints and poor engagement can reduce your sender reputation. Once that happens, mailbox providers may begin placing your emails in junk folders—even for subscribers who genuinely want to receive them.

Building your mailing list with clear permission helps create positive engagement and supports better inbox placement over time.

The Difference Between Explicit Permission and Assumption

There's an important difference between knowing someone wants to hear from you and assuming they might be interested.

Explicit permission means someone has clearly chosen to receive your marketing emails.

Examples include:

• Completing a signup form
• Selecting an unticked opt-in checkbox
• Confirming their subscription through double opt-in
• Choosing to receive newsletters during account registration

Assumption means sending marketing emails because someone seems like they may be interested.

Good email marketing is built on clear permission rather than assumptions.

How to Collect Consent Properly

Growing your mailing list with permission doesn't slow your growth.

It helps you build a healthier, more engaged audience that delivers better results over time.

1. Use Clear Signup Forms

Tell subscribers exactly what they'll receive and how often you'll contact them.

Instead of saying "Receive updates," explain whether they'll receive newsletters, product announcements, promotional offers, or educational content.

2. Use Unticked Opt-In Checkboxes

Allow people to actively choose whether they want to receive marketing emails.

Avoid relying on pre-selected checkboxes, as they don't encourage intentional signups.

3. Consider Double Opt-In

Double opt-in asks subscribers to confirm their email address before joining your mailing list.

This helps verify email addresses, reduces mistyped signups, and often leads to higher-quality subscriber lists.

4. Be Transparent Offline

If you're collecting email addresses at events, in-store, or over the phone, explain that subscribers are signing up to receive marketing communications and let them know what those communications will include.

What You Should Record

Collecting consent is only part of the process.

Where appropriate, it's also good practice to keep a record of how subscribers joined your mailing list.

This may include:

• Date and time of subscription
• Signup source
• Confirmation of double opt-in (if used)
• The wording shown when the subscriber signed up

Keeping these records helps demonstrate how contacts joined your list and supports responsible data management.

Why Purchased or Third-Party Lists Create Risk

Purchased, rented, scraped, or third-party contact lists often create more problems than opportunities.

People on these lists may not recognise your organisation or expect your emails, resulting in poor engagement and increased complaints.

These lists commonly lead to:

• Low open rates
• High unsubscribe rates
• Spam complaints
• Hard bounces
• Spam trap hits
• Damage to your sender reputation

A smaller mailing list built on genuine permission will almost always outperform a larger list made up of contacts who weren't expecting to hear from you.

Consent Is About Expectation

At its core, consent is about expectation.

When subscribers expect your emails, they're more likely to open, click, and engage with your content.

When they don't, your emails can feel unexpected or intrusive.

That difference has a direct impact on engagement, deliverability, and your sender reputation.

While privacy regulations differ around the world, collecting permission clearly and transparently is widely recognised as an email marketing best practice.

It's not just about compliance, it's about building trust with your audience.

A Simple Test

If you're ever unsure whether someone expects your marketing emails, ask yourself one question:

If this person receives my email tomorrow, will they immediately understand why they're receiving it?

If the answer isn't clear, it's worth reviewing how that contact joined your mailing list before sending your next campaign.

Build Trust Before You Hit Send

Strong email marketing starts with trust, and trust starts with permission.

When subscribers understand why they're hearing from you and have chosen to receive your emails, they're more likely to engage with your campaigns. That leads to stronger deliverability, better campaign performance, and healthier subscriber relationships over time.

Before sending your next campaign, take a moment to review how your contacts joined your mailing list. A smaller, engaged audience built on clear permission will almost always outperform a larger list of contacts who weren't expecting to hear from you.

If you're unsure whether your signup process follows email marketing best practices, our Support team is always happy to help you build a healthier, more engaged mailing list.