Know your marketing permission

The EU and Danish rules for email marketing consent: double opt-in, consent checkboxes, and what a valid consent has to include.

Nicki Pabst Rasmussen

Here I will explain the rules of email marketing. Be aware that statements made in this article only applies within the European Union

Should you double Opt-in your subscribers, and what about that checkbox?

What does the law say in Denmark?

*Chapter 3, § 10. A business operator may not contact anyone using electronic mail, an automatic calling system, or fax for the purpose of direct marketing unless the individual concerned has given their prior consent. The business operator must provide an easy and cost-free way to revoke the consent. (Reference)

What does a consent involve?

  • A consent must be presented or accessible before sign-up.

  • Who is the data controller (DPO) and their contact information? What is the purpose of the processing of personal data?

  • What information is processed?

  • What treatment takes place?

  • Inform about the data protection regulation.

When selling goods, you will be able to collect more information about your customer. That is why you will need an extra check-box, when signing people up for your newsletter, to inform them about your data processing

The yes no list

  • ❌ Should you pre-check checkboxes with newsletter sign-ups: (Illegal)

  • ❌ Should you buy contact lists from others: (Illegal)

  • ✅ Should you be able to document every single sign-up for your newsletter

  • ✅ Should you always have an unsubscribe link in your newsletters

  • ⚠️ Should you have a checkbox: - If users are buying from your website - yes, if you have a normal newsletter, then no


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Written by

Nicki Pabst Rasmussen

Co-founder and CEO, Better Email

Nicki has worked in email production since 2017, first at agencies and then through his own consultancy, where he solved template and sending-platform problems for agencies and large companies.

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