Can I collect the double opt-in consent retrospectively?

Can I collect the double opt-in consent retrospectively?

The retrospective collection of consent for email delivery is not legally permitted. The recipient must personally trigger the double opt-in process. Even sending a single email without prior permission constitutes unlawful harassment, for which you can be warned or fined.

Please note that we only provide recommendations that do not claim to be comprehensive or constitute legal advice. All information is provided without warranty. If in doubt, please consult a lawyer.

Further information can be found, for example, in the free CSA Guidelines for Permissible Email Marketing.


    • Related Articles

    • What is a double opt-in process?

      For the legally compliant delivery of your mailings, the explicit consent of the contact person must be obtained. This consent is provided through the double opt-in process, enabling you to prove that the recipient has authorized the communication. ...

    • Can I also collect addresses offline?

      You can also collect offline addresses, for example, at trade fairs, exhibitions, and conferences. However, to send your newsletter to these collected addresses, the recipient's explicit consent via a double opt-in process should also be obtained. Be ...

    • What legal aspects do I need to be aware of in the registration form?

      Do not send newsletters without the recipient's explicit consent. Inform new subscribers during registration that their data will be used solely for email delivery and will not be shared with third parties. Collect as little data as possible – the ...

    • What is the difference between an opt-out and a blacklist entry or a complaint?

      What is a Complaint? A complaint is initiated by a subscriber. If a subscriber files a complaint and the respective provider forwards it to MAILINGWORK, the subscriber will be permanently excluded from all future mailings. If they later decide to ...

    • What makes a good subscription form?

      Offer Value to Your Customers Highlight the benefits of your newsletter to spark your customers' interest. For example: "Our MAILINGWORK email marketing newsletter provides you with free monthly updates on current trends in email marketing, ...