How to Use Implied Consent for Email Marketing

Email marketing is one of the most powerful tools businesses have to connect with customers, but it comes with responsibilities. Before you start sending promotional emails, you need to ensure you have consent. While explicit consent is always safest, implied consent can also allow you to communicate with people who have shown interest in your brand.

In this guide, we’ll explore what implied consent means in email marketing and show practical ways to use it effectively.

What does implied consent mean in email marketing

Implied consent in email marketing refers to a situation where a person hasn’t explicitly agreed to receive emails, but their actions suggest they are open to communication from a business. This can happen when someone has made a purchase, signed up for a service, or otherwise interacted with a company in a way that indicates interest.

For example, if a customer buys a product online and provides their email during checkout, the company can often send them marketing emails related to that purchase. However, implied consent usually comes with limitations: messages should be relevant, there should be a clear option to unsubscribe, and the company should respect privacy laws that vary by country.

How to use implied consent for email marketing

Here is how businesses can responsibly leverage implied consent to grow email engagement.

1. Create an email list based on prior interactions

Implied consent can be established through specific types of interactions, such as:

• Purchases: If someone buys something from you online or in-store, you may have implied consent to follow up with related products or offers.

• Inquiries: Filling out a contact form or expressing interest in your services/products suggests the person expects follow-up emails.

• Sign-ups: If someone signs up for a free trial, demo, or downloadable content such as eBooks or whitepapers, you have a valid reason to send promotional emails as long as the content is relevant.

• Event Attendance: Attending an event, webinar, or conference hosted by your company indicates interest, giving you a reason to share related updates or content.

2. Be transparent about what subscribers are opting into

Even with implied consent, it’s important to clearly communicate what type of content they should expect. For example, you might include a statement like:

“By signing up for our newsletter, you'll receive updates on upcoming products, sales, and events.”

This reduces complaints and helps ensure compliance with consent laws.

3. Keep records

Although implied consent doesn’t always require formal documentation, it’s good practice to keep track of the actions that lead to consent. For example:

• User signs up for a product trial

• Customer makes a purchase

• Attendee registers for an event

Keeping these records can help if the validity of consent is ever questioned.

4. Regularly review and clean your email list

Over time, people may lose interest, or their relationship with your business may change. Regularly cleaning your email list helps maintain campaign effectiveness and prevents complaints.

• Reviewing your list regularly helps identify people who no longer want to receive emails.

• Removing inactive subscribers ensures that your emails reach an audience that still values your content.

5. Follow up with explicit consent requests

While implied consent allows you to start sending emails, it’s a best practice to eventually ask for explicit consent. This can include:

• Offering a sign-up form for your newsletter or updates after someone engages in a way that implies consent.

• Using a double opt-in process, where users confirm their subscription via a confirmation email.

Explicit consent helps strengthen trust and ensures ongoing compliance with email marketing regulations.

Final thoughts

Implied consent offers a way to engage with people who have already shown interest in your business, but it comes with responsibilities. Always ensure your emails are relevant, provide an easy way to unsubscribe, and follow privacy regulations. Keep records of the interactions that establish consent, regularly clean your email list, and consider following up with explicit consent requests when possible.

By handling implied consent thoughtfully, you can build trust, maintain compliance, and create email campaigns that connect with the right audience at the right time.