Guide

An opt-in is a record, not a checkbox.

The checkbox is the part everyone builds. The record — who was collecting, what was shown, when, and how to leave — is the part that matters the day someone asks, and it cannot be reconstructed after the fact.

Four things people call an opt-in.

Only one of them is unambiguously permission.

Express

Strongest

Someone took a deliberate action whose only purpose was to say yes — typed an address into a signup form, ticked an unticked box, replied to a confirmation.

Risk: Almost none, provided you kept the record.

Implied

Situational

Permission inferred from an existing relationship — a recent customer, someone who gave you a card at a trade show. Several regimes allow it; most cap how long it lasts.

Risk: It expires, and the clock is rarely written down anywhere you can find later.

Pre-ticked

Not consent under GDPR

A box already ticked when the page loaded, or a checkout that subscribes by default unless the buyer opts out.

Risk: Explicitly ruled out as valid consent in the EU. Treat it as a liability, not a growth tactic.

Purchased or appended

None

A list bought from a broker, scraped, or appended onto records you already had.

Risk: No permission exists at any point. This is also the fastest way to destroy a sending domain's reputation.

What a defensible record contains.

Four fields. Capture them at signup or not at all.

Who was collecting

The legal entity, named at the moment of collection — not the store's trading name if they differ. A subscriber who cannot tell who has their address cannot meaningfully consent to anything.

What they were told

The terms and privacy policy that were in force when they signed up, reachable from the form itself rather than three clicks away in a footer.

When, and from where

A timestamp, and ideally the page. This is the field you will be asked for if a complaint ever lands, and the one most often missing.

How to leave

A withdrawal path that is as easy as the signup was. If unsubscribing takes more effort than subscribing did, the consent was not freely given in the sense the regulation means.

How this works in BetterPopup.

The collection step will not let a campaign publish until these 4 are set, which is deliberate friction — the fields are almost never added retroactively, so the builder asks while the campaign is still being written rather than after it is live.

  • legalNameThe legal entity collecting the address
  • termsUrlA link to your terms
  • privacyUrlA link to your privacy policy
  • confirmedAn explicit confirmation step before publishing

Choose single or double opt-in per campaign, and confirmed subscribers sync to whichever of the 6 connected providers you use — where the unsubscribe and suppression handling lives.

None of this page is legal advice. It describes what the software records and how the common regimes are usually summarised; whether your specific setup complies is a question for a lawyer in your jurisdiction.

Opt-in, answered plainly.

What the regimes require, and what no vendor benchmark can tell you.

A deliberate act by which someone agrees to receive email from you. In practice it is a form submission, a ticked box that started unticked, or a reply to a confirmation message. The word doing the work is deliberate: opening an account, buying something, or failing to untick a box are not, on their own, an opt-in to marketing in most regimes.

Express consent is an action whose only purpose was to say yes — typing an address into a signup form. Implied consent is permission inferred from an existing relationship, such as a recent purchase. Several jurisdictions recognise implied consent but almost all of them put a time limit on it, and the limit varies. Express consent does not expire and is far easier to evidence, which is why it is worth designing for even where the weaker form is permitted.

For marketing email, in most markets, yes — and this page is not legal advice, so take the specifics to someone qualified in your jurisdiction. The broad picture: the EU and UK require a clear affirmative act with a narrow exemption for existing customers being sold similar things; the US CAN-SPAM Act is closer to an opt-out regime but still mandates a working unsubscribe, a real postal address and no deceptive headers; Canada's CASL is stricter than either. Transactional email — order confirmations, shipping updates — is treated differently from marketing everywhere.

Not as valid consent under GDPR, which requires a clear affirmative action, and a box that was already ticked is not one. Beyond the legal position, pre-ticked boxes select for people who were not paying attention, which produces exactly the subscribers who later mark you as spam. The engagement cost usually exceeds the list-size benefit.

As little as it can. Every additional field costs completions, and most of what people ask for at signup — first name, birthday, preferences — can be collected later from someone who has already said yes. Ask for the address, say plainly what they will get and roughly how often, and link the terms and privacy policy from the form itself.

By storing the record at the time, because it cannot be reconstructed afterwards: the timestamp, the page or form, the wording shown, and the version of the terms and privacy policy in force. Double opt-in adds a second, independently verifiable event — the confirmation click — which is the strongest evidence available short of a signed document.

Directionally yes, and we are not going to attach a number to it, because every published figure comes from a vendor summarising its own customers. The mechanism is not mysterious: people who asked to hear from you open more and complain less, and complaint rate is what mailbox providers use to decide whether your mail reaches an inbox. Measure your own baseline rather than trusting anyone else's benchmark, ours included.

Source: Regulation (EU) 2016/679 (GDPR), Article 4(11)EUR-Lex

Source: CAN-SPAM Act: A Compliance Guide for BusinessUS Federal Trade Commission

Source: Canada's Anti-Spam Legislation (CASL)Government of Canada