Opt-in vs opt-out: what regulators actually check
A clear breakdown of consent standards across the EU, UK, and North America — with the documentation you need to keep on file.
The three consent standards that matter
Explicit opt-in (EU ePrivacy, GDPR): the recipient must actively consent to marketing messages. Pre-ticked boxes don't count. Implied consent (contractual basis, limited jurisdictions): fine for transactional messages directly tied to a purchase or service — shipping updates, appointment reminders. Opt-out only (a handful of jurisdictions, diminishing): not a strategy to rely on. Carriers increasingly block campaigns without documented opt-in regardless of local law.
What counts as 'documented'
Timestamped record of when consent was granted · The exact text of the consent notice the user saw · The method (signup form, checkout, explicit toggle) · IP + user agent (helpful, not required) · Proof that STOP was honored when received. This file is what regulators ask for during audits — keep it for as long as your retention policy requires (5 years is a reasonable default).
Transactional vs marketing
Transactional messages (OTP, account alerts, shipping updates) generally don't require marketing-grade opt-in, but they still require a legitimate business relationship. Don't bundle marketing into a transactional message — regulators treat the whole message as marketing if any part of it is promotional.
STOP keywords
STOP, UNSUBSCRIBE, STOP ALL, END, QUIT, CANCEL (and localized variants). Our gateway honors these in real time: the moment any of these come in, that recipient is opted out of every campaign from that sender — no re-sends possible without new explicit consent. This also counts as part of your opt-in audit trail.
Quick checklist
Every campaign has a declared consent source · Opt-out instructions present on marketing campaigns · STOP responses honored at the gateway, not in your own app · Retention window for consent records documented · Privacy notice links to your DPA on request.
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